Agriculture Cabinet Secretary nominee Mithika Linturi is off the hook in an attempted rape case after an out-of-court settlement.
The Office of the Directorate of Public Prosecutions (DPP) on Monday, October 3, told Milimani Chief Magistrate Susan Shitubi to drop the case saying the complainant had voluntarily sought to withdraw the matter.
"I confirm the parties had agreed to withdraw the complaint and the proceedings against the accused person and the office of the DPP had received an affidavit sworn by the woman on September 1, 2022, and was amenable to the withdrawal of the complaint and the proceedings," State Prosecutor Nyakira Kibera said.
" I also examined the complainant on the voluntariness of her decision to withdraw the matter complaint. The complainant confirmed that she had willingly agreed to withdraw the complaint without any force or threats and that she did not intend to raise any other claim against the Linturi in the future," the prosecutor added./
The woman, name withheld for legal purposes, had earlier accused the former Meru Senator of sneaking into their room at Maiyan Villa’s hotel in Nanyuki on January 30, 2021, where the politician intentionally and unlawfully attempted to rape her when her husband was out.
In the case, he also faced another charge of indecently touching the woman without her consent.
Through lawyer Muthomi Thiankolu, Linturi who was not present in court urged the trial magistrate Shitubi to allow the application by the DPP to drop the charges as it is true that his client and the woman had reconciled.
Muthomi also asked the court to order the release of Ksh200,000 'bribe' which was held by the state as an exhibit in the matter.
Linturi off the hook
While allowing the DPP application to drop the case, the magistrate said that the case against Linturi has been withdrawn under section 40 of the sexual offences Act and Section 204 of the Criminal Procedure Code(CPC).
The magistrate also allowed the request to have the Ksh 200,000 released to the accused person.
Earlier, Linturi had told the court that the sexual assault case against him was a “malicious” afterthought reached to pressure him to drop his extortion and kidnapping complaint against the woman and other prosecution witnesses.
The latest development is a reprieve for the accused person who a section of politicians in the opposition wanted to be dropped from the list of President William Ruto's Cabinet nominees over the criminal case.