Meru Senator Mithika Linturi on Tuesday told a Nairobi court that he wants the prosecution to release his Sh200, 000 which was given to the woman he is alleged to have attempted to rape.
Senator Linturi is accused of slipping into a woman's hotel room bed and attempting to rape her in Nanyuki.
When the matter came up for a mention on pretrial Tuesday, the Senator through his lawyer Muthomi Thiankolu told Milimani trial magistrate Susan Shitubi that the prosecution should release his money was in possession of the complainant.
Thiankolu said the state has been holding it for the last one year.
"Your honour I am making an application to have the prosecution release Sh200,000 which is in their possession for the last one year, the said money belongs to my client and was recovered from the complainant by the police, "said the lawyer.
The lawyer also asked the court to order the state to supply to him the witness statement of the complainant and the OB claiming they were not in the inventory of statements and documentary material supplied to him.
In response, prosecution counsel Alice Mathangani told the court that the investigating officer requires time to confirm whether the said documents are in his possession and supply them to the defence team.
Alice also told the court that the Sh200,000 that Linturi wants the prosecution to return to him is an exhibit that will be used in court as evidence during the trial of the case thus it cannot be released until its produced in court.
In the charge sheet, Linturi is accused that on January 30, 2021, at around 3 am at Maiyan Villas hotel in Nanyuki, he intentionally and unlawfully attempted to rape the 36-old-woman.
He faces another count of indecently touching the woman without her consent.
The senator denied the charges and is out on a cash bail of Sh200,000.
The Magistrate ordered the matter to be mentioned after two weeks to confirm the supply of all the documents to the defence.
Edited by D Tarus
