Mogotio MP Kiborek now a free man after state withdrew defilement case against him

Kiborek has been battling the charges since 2018 when he was working as an aide to a state official.

He was accused of defiling the 16-year-old girl on December 23, 2018 while at a Nakuru hotel, charges which he denied.

However the five year wait for the trial to kick off has ended with the Director of Public Prosecution (DPP) withdrawing the case against him.

Senior Assistant Director of Public prosecutions Hassan Abdi in his application sought to have the matter withdrawn under section 87 (a) of the criminal procedure code.

He cited lack of witness as the reason behind his decision.

“The office of the DPP seeks leave of the court to have the matter withdrawn under section 87 (a) of the criminal procedure code as read with section 40 of the sexual offences act number 3 of 2006 due to unavailability of witnesses,” read part of the document.

Chief magistrate Bildad Ochieng granted the application on Tuesday thereby freeing the first time MP. 

In October last month, Kiborek through his lawyer Gordon Ogolla, had protested the continued delay in the hearing and challenged the state to withdraw the matter.

The lawyer raised the concerns after it emerged that the prosecution was not ready to proceed with the trial.

State counsel Oscar Limisi had defended the DPP saying that he was yet to receive the police file which is being kept by the Officer Commanding Bondeni Police Station.

This forced the court to issue summons against the OCS Bondeni to appear in court to shed light on the matter. The magistrate however granted the prosecution the last adjournment.