Bomet Governor Hillary Barchok must appear physically or virtually in court for the withdrawal of a suit he filed against a resident for defaming him.
Senior resident magistrate Kipkirui Kibelion questioned the efficiency of the affidavit filed seeking the withdrawal of the case as compared to the physical presence of the complainant in court.
Kibelion said there were no specific provisions cited in the affidavit under which the court can be moved by the application since the complainant has not attended the court sessions when asked to.
He said while reconciliation is highly encouraged as an alternative mechanism of dispute resolution, the adoption of the application must “play within the rules”.
“Provision under the criminal procedure code is not absolute but certain parameters must be met and sufficient grounds must be satisfied,” he pointed out.
He said the complainant may withdraw the complaint before the court makes an order in the matter and “the court has the discretion to allow or reject the withdrawal when satisfied with the existence of sufficient grounds…the withdrawal is not absolute but discretion can only happen when parties appear, swear and the application is made.”
He, however, stated that due to the nature of the complaint which involves a governor who is busy and may not be always available to attend court and due to the current Covid-19 situation, it was appropriate that he adopt the technology and make a virtual application before the court.
“The court may be able to engage the complainant and make an informed ruling on the application,” he said.
The governor, who was represented by lawyer Desmond Leteipa, agreed to appear virtually on Thursday.
Lawyer Geoffrey Kipngetich appeared for the accused-Dominic Kiplangat- and George Murithi for the prosecution.
Kiplangat is charged with posting defamatory information against the governor last September, messages the prosecution said were circulated to undermine the lawful authority of the governor, a public officer.
Edited by R.Wamochie
