• Chief magistrate warns that the case will proceed in two months' time whether the DPP is prepared or not.
• The hearing was scheduled for April, May, August and November last year.
A case in which Igembe South MP John Paul Mwirigi is charged with aiding prisoner to escape and obstructing a police officer has been adjourned for the fifth time.
But yesterday's was the last adjournment, Meru chief magistrate Hannah Ndung’u told the prosecution before fixing the hearing for April 27.
Prosecutor Vincent Maina had told the court full of the legislator's supporters that he was not ready to proceed and asked for the postponement of the hearing. He sought more time to familiarise himself with the file and get direction from his seniors.
Maina said colleague Antony Musyoka, who was more acquainted with the matter, had been transferred to Mombasa.
The legislator had, through lawyers Peter Kaimba, Dan Maanzo (Makueni MP) and Gitonga Murugara (Tharaka MP), told the court he was ready to proceed.
The lawyers asked the DPP to terminate after hearing Maina's request.
Mwirigi was arraigned on November 27, 2018, on the allegation that he had, the previous day, at Mucuune along the Mikinduri –Maua road, obstructed police constable Mohammed Demo from executing his duties.
He was also charged that on the same day, in the same area, he aided a driver who had been arrested for driving a vehicle with worn-out tyres to escape.
Kaimba had on May 5, 2019, asked the DPP to recall and withdraw the charges against the MP after perusing the State witness statements. He said the charges were motivated by witch-hunt and meant to embarrass and intimidate his client.
Nine months later the defence is still awaiting the DP's response.
The defence submitted: “It is our submission that the investigations were ostensibly carried out with malice and with much publicity in order to embarrass the honourable member after he refused to be cowed by officers who had been harassing motorists asking for bribes."
Kaimba said his client should not be expected to carry criminal responsibilities on behalf of the public for an offence that happened after he left the area.
Yesterday's was the fifth adjournment after the case failed to start in April, May, August and November last year as the prosecution was yet to supply witnesses statements.