PHOTO | FILE Nairobi Governor Evans Kidero got another reprieve Monday
against his pending prosecution for allegedly assaulting Women’s
Representative Rachel Shebesh.
Nairobi Governor Evans Kidero got
another reprieve Monday against his pending prosecution for allegedly
assaulting Women’s Representative Rachel Shebesh.
Dr
Kidero moved to the High Court under a certificate of urgency and got a
temporary stay shortly after a judge had vacated an earlier injunction
hinged on the outcome of a proposed reconciliation with Mrs Shebesh.
The
negotiations collapsed, according to her lawyer, Mr Cecil Miller, and
she was ready to face the law. However, the governor was reported to
have “needed more time to explore the lines of settlement.”
The
governor’s petition will be heard on Thursday. Mrs Shebesh and the
Director of Public Prosecutions have been invited to respond before the
hearing date.
Lawyer Tom Ojienda, for Dr Kidero, said
while applying for the stay, that the governor was apprehensive he might
be arrested and arraigned in court before being given a chance to
challenge the case, hence rendering his request “merely academic”.
Mr
Miller said his client’s efforts to reconcile with the governor had
been ignored. He said the olive branch she extended to Dr Kidero was in
vain and she was now ready to be prosecuted. He was categorical that Dr
Kidero was not ready to meet “the terms” Mrs Shebesh had laid out for
reconciliation.
However, an aide of Dr Kidero said talks between the two collapsed after what he termed as “outrageous demands”.
A
request for time for further exploration of the terms of settlement
was rejected with the presiding judge stating that reconciliation
“takes two to tango”. Mr Justice Isaac Lenaola said it was apparent the
talks had failed as he had ordered when he issued the first injunction.
“Reconciliation
is two way process and if one party is not ready to engage then any
order in that regard will be in vain,” he said.
A petition filed by a voter, Mr Alex Ochako, who wanted the case dropped, will return to court on January 28 for further orders.
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