Gatundu South MP Moses Kuria is a free man after a court on Thursday, July 22 acquitted him of assault charges.
Milimani Chief Magistrate Martha Mutuku freed the lawmaker after the complainant, Joyce Wanja- a political commentator, sought to withdraw the case against him.
Wanja told the court that she wished to withdraw the case, but did not give any reasons for her move.
She, however, denied that she had received payment from the MP or coerced to withdraw the case.
“I have forgiven Kuria. I also confirm that I have not been forced or coerced in any way by the accused to have me withdraw the matter,” she told court.
While accepting Wanja’s move to withdraw the case, Justice Mutuku said, “I allow the request by the complainant and withdraw the charges against the accused MP Kuria under section 204 of the Criminal Procedural Code and order the cash he deposited in court be refunded.”
Kuria was on January 10, 2020 charged with assaulting Wanja, an incident that allegedly took place at Inooro TV studios in 2019.
The MP, through lawyer Geoffrey Omenke, had earlier this year sought to be given more time to have the dispute solved through an out of the court agreement.
What the law says
According to Section 87 (a) of the Criminal Procedure Code, the right to withdraw a criminal case should not be withheld in a manner that stifles the powers conferred to the Director of Public Prosecutions under article 157 of the Constitution.
With regard to the powers of the DPP, the constitution under Article 157 (6), (7), (8), (10) and (11) vested him/her with express powers to prosecute all criminal cases on behalf of the state.
The constitutional and statutory responsibility to discharge any of these functions squarely rests with the DPP. The consideration to initiate or discontinue a criminal proceeding is only to be weighed against the broader doctrine of justice for the public.