Catholic University of Eastern Africa Acting Dean of Students, charged with assaulting a female colleague in the university last year, has lost a bid to stop his prosecution.
Justice John Mativo on Thursday July 25 dismissed the suit filed by Samuel Nderitu saying he did not present any material to demonstrate that there was no sufficient evidence to justify the prosecution.
“It has not been established that the facts presented in this case do not disclose an offence by law. I find that there is nothing to show that the prosecution is unfair or an abuse of court process,” Justice Mativo ruled.
Wakanyua was charged last year at Kibera Magistrate Court with assaulting Professor Rosa Ko, a lecturer at the university.
He denied the charges and was released on a cash bail of Sh30, 000 or a bond of Sh50, 000.
In his suit papers, Nderitu claimed Rose Ko and him were for the position of Dean of Students at the university and the criminal charges were to discredit him from getting the post.
“The criminal proceedings lodged against me by the police at the behest of Rose Ko aim at furthering her ambitions to win the position and thus deflate my chances,” he claimed in court documents.
Justice Mativo, however, dismissed the grounds saying he had not demonstrated that the prosecution was being conducted without due regard to traditional considerations of candour, fairness and justice.