Mogotio Member of Parliament, is free after the state dismissed the defilement allegations against him due to a lack of witnesses.
Reuben Kiborek has been fighting the charges since 2018, while he was working as a state official's assistant. He was accused of defiling the 16-year-old girl while staying at a Nakuru hotel on December 23, 2018, claims he denied.
.jpg)
After a five-year wait for the trial, the Director of Public Prosecutions (DPP) has withdrawn the case against him.
In his application, Senior Assistant Director of Public Prosecutions Hassan Abdi requested that the case be discontinued under Section 87 (a) of the Criminal Procedure Code.
He justified his judgment by citing a lack of witnesses.
"The office of the DPP seeks leave of the court to have the matter withdrawn under section 87 (a) of the criminal procedure code as read with section 40 of the sexual offences act number 3 of 2006 due to unavailability of witnesses," according to a portion of the document.
Chief Magistrate Bildad Ochieng granted the application, freeing the first-time MP.
Kiborek, through his lawyer Gordon Ogolla, contested the ongoing postponement in the hearing last month and challenged the state to withdraw the case.
The lawyer expressed his worries after learning that the prosecution was unwilling to proceed with the trial.
State attorney Oscar Limisi defended the DPP, claiming that he was yet to acquire the police file held by the Officer Commanding Bondeni Police Station.
This compelled the court to invite OCS Bondeni to appear in court to shed light on the situation. However, the magistrate granted the prosecution the last adjournment.
