The High Court in Nakuru has ordered the Attorney General and the Director of Public Prosecutions to respond to a suit by Kabazi MCA Peter Mbae in 14 days.
Mbae is seeking orders to stop his criminal proceedings. He is charged with malicious damage to property, incitement to violence and arson at Patel farm in Solai.
The MCA and eight others allegedly incited residents to set the farm ablaze in protest.
"The respondents in the matter are allowed 14 days to file and serve their responses in the matter before the next hearing date. The ODPP is to regularise its appearance within three days," Justice Janet Mulwa ruled. The matter will be heard on April 30.
Mbae through lawyers Kipkoech Ngetich and Gordon Ogolla has sued the Rongai DCI, the office of the Director of Public Prosecutions and the owner of the dam Perry Mansoukh Kasangara, whom he accuses of bias and malicious prosecution.
He has enjoined the Attorney General as an interested party in his suit.
ODPP, through Amos Chigiti, told the court the matter is complex and requires files from the magistrate's court.
"The matter is of a complex nature and bearing in mind the orders being sought touch a lot on the proceedings before the lower court, I will require more time to respond," Chigiti said.
Mbae is seeking a declaration that the respondents are in breach of the Constitution and have violated his rights.
He wants the case terminated with general damages for the violation of constitutional rights.
He accused the respondents of fabricating and preferring criminal charges against him, since he has been vocal in ensuring the victims of the Solai dam tragedy are compensated.
