ODM denied entry as Kidero/Shebesh saga goes full circle
16 January 2014, 13:08
Nairobi - The Orange Democratic Movement ODM has been denied entry into a case where Nairobi governor Evans Kidero is fighting charges over an altercation with Rachel Shebesh.
ODM was denied entry into the case bu High court judge David Majanja who termed their plea to be enjoined in the suit as unnecessary and a waste of time.
Kidero is seeking to have the Director of Public Prosecution DPPs office be stopped from charging him over his altercation with Shebesh in October.
Majanja also directed that a similar case in which Shebesh is fighting prosecution be put together.
Nairobi Women Representative Shebesh filed a case Wednesday sought the lifting of temporary court orders blocking the
prosecution of the Nairobi Governor.
In the case, Ms Shebesh had sued the Director of Public
Prosecution Keriako Tobiko, Inspector General of Police and the director of
Ms Shebesh, through her lawyer Cecil Miller alleged that the
orders were granted in favour of Dr Kidero and that she faces imminent arrest.
She alleged that the Nairobi Governor is at fault for not
being committed to negotiations that might have resulted to an amicable
resolution and further obtaining orders barring him from being arrested.
“Ms Shebesh is at extreme risk of being charged if court
does not intervene and stay the same as a singular prosecution against her will
be unfair, prejudicial and an infringement of her rights,” Miller argued.
Miller continued that Shebesh’s decision to move to court
was preceded by a lack of commitment from the Nairobi Governor towards
participating in a reconciliation exercise geared towards resolving the assault
dispute between them.
Miller however pointed out that Shebesh’s move comes after
Dr Kidero filed a case on Monday obtaining orders essentially barring the DPP from arresting or charging her in respect to the assault incident of
September 6 last year at Nairobi’s City Hall.
Shebesh claims she has a clear established case against the
intended action by Mr Tobiko, Inspector General of Police and the director of
criminal investigations and the order restraining the same actions against
Shebesh wants Kidero charged for creating public disturbance
from last year’s assault incident in his office.
“I strongly believe that the reluctance and lack of response
from the governor even in the face of existing court orders compelling parties
to attempt out of court negotiations is clear indication that the Governor is
not interested in any settlement. I am left with no choice but to urge this
court to order that both Kidero and I be arraigned in court on a set date to
face the relevant charges," said Shebesh.
In the case filed by Dr Kidero, Justice Isaac Lenaola issued
orders restraining Tobiko and the police from arresting either Kidero or
Shebesh pending hearing today as well.
The Orange Democratic Party, CORD, and the Nairobi City
County had intended to participate in the case as interested parties.
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