A Kisii magistrate has moved to the High Court seeking to stop the DPP and the DCI from prosecuting him over defilement allegations.
In documents filed in court, James Ongondo wants the court to issue conservatory orders barring the Director of Public Prosecutions, Inspector General of Police and Director of Criminal Investigations from arresting and arraigning him over the claims pending the hearing and determination of his application.
"That the court be pleased to issue an interim order restraining DCI, IG and the DPP, their agents servants or employees from arresting arraigning, charging and prosecuting the petitioner or otherwise instituting Criminal proceedings against the magistrate pending the hearing and determination of the petition," he said in court papers.
Through lawyer John Swaka, the magistrate wants a stay of his prosecution at the Bomet court.
Ongondo has dismissed the defilement claims, saying he is a married man and a father.
He noted that he is used to sharing a drink with friends after he is done with his official duties, an activity he was engaged in when he was arrested.
In his petition, the magistrate insists he was attending a social function when police arrested him.
