Nominated Senator Joy Gwendo was sued for assault by her former secretary
on Tuesday.
Annette Oyuga wants the legislator arrested and prosecuted for the act allegedly committed on March 15, 2016.
In court papers filed at Milimani law courts, Oyuga
argued that she reported the matter at KICC police station but that no action has been taken.
She said through her lawyer Alice Oeri that
she wants the court to institute private criminal prosecution proceedings against Gwendo.
Oyuga claimed the Senator has continued to harass and intimidate her over the matter.
"My client reported the assault to Kayole police station and later went for treatment at Kenyatta National Hospital," her lawyer said.
The plaintiff stated that they had informed the Director of Public Prosecution and the DCI about the delay in prosecution.
But she said the DPP has been unwilling to act and has abdicated his constitutional duty.
"I want Gwendo to be summoned to court since no action has been taken five months down the line," ssaid Oeri.
Oyuga said
failure to prosecute the senator is seemingly due to her position.
"This will occasion failure of private and public justice. I am seeking leave to institute criminal prosecution against Gwendo," she said.
She further wants the court to compel the KICC OCS to arrest the Senator and produce her in court so she can plead to the charges.
The former secretary also wants the OCS compelled to investigate and record statements by witnesses.
She said the conduct of the officers investigating the matter caused her to be apprehensive that Gwendo may not have her day in court.
Senior principal magistrate Martha Mutuku directed Gwendo to appear in court on November 4 to explain why she has not responded to the application.