The High Court in Nakuru has temporarily barred a lower court from proceeding with a case in which Kabazi MCA Peter Mbae is charged with malicious damage to property, incitement and arson.
Judge Janet Mulwa on Wednesday stayed the proceedings before the lower court until October 3 when she will rule on whether the court can grant Mbae's application to stop the case.
The case before the magistrate was to commence on July 22 but the judge said the date is too close for a comprehensive ruling on the application.
"The court has considered the prayers of all the parties in the suit and has marked the application as urgent, however lack of a near date will force the court to push the ruling of the application to October 3," she said.
On Thursday, Mbae through his lawyer Kipkoech Ng'etich urged the court to block his prosecution before the lower court, stating security apparatus in Nakuru had been influencing the DPP to charge him.
The defence says the MCA is being targeted by the police who have an unknown agenda to harass him.
He submitted that the charges are fabricated against Mbae since he has been vocal in ensuring that the victims of the Solai dam tragedy are justly compensated.
However, the prosecution led by senior state counsel Amos Chigiti opposed the application, saying it had no merit. There was no evidence of prejudice to petitioner if the matter proceeded for hearing, he said.
Chigiti said Mbae was not immune to prosecution just because he is an elected leader.
