Meru Senator Mithika Linturi on Tuesday withdrew a case he filed seeking to stop his prosecution over alleged attempted rape.
Linturi told Justice Hedwig Ong’udi that the case had been overtaken by events because he had already been charged with the alleged offense that was being challenged.
Lawyer Charles Mwongela, for the legislator, asked the court to withdraw the matter, which was filed in August this year, weeks before Linturi was charged with attempted rape.
Linturi was charged in September with two counts relating to attempted rape, where he is alleged to have entered the room of a woman and tried sexually assaulting her.
It is alleged that on January 30 this year at Maiyan Villas Hotel in Nanyuki at 3am he attempted to rape the woman.
He also denied a second count of committing an indecent act with an adult at the hotel.
The lawmaker pleaded not guilty to both counts and was released on Sh200,000 bail pending the hearing of the case.
However, Mwongela said the first case in which he is challenging his arrest in relation to fraud charges should still proceed.
In the case that was filed in March this year, the court issued conservatory orders barring Linturi’s arrest.
The senator had argued that his arrest and possible prosecution were malicious and meant to intimidate him into abandoning his political stance.
He further claimed it was illegal to arrest him for fraud, saying the case was related to a family property dispute between him and his estranged wife Maryanne Kitany.
Kitany’s lawyer Moses Kurgat asked the court to allow him more time to read the documents and file since he was appointed recently.
In her ruling, Justice Ong’udi allowed the application by Kurgat and directed the matter to be mentioned on October 21 for highlighting of submissions.
Edited by A.N
