The hearing of a defilement case against United Democratic Alliance (UDA) candidate for the Mogotio parliamentary seat, Reuben Kiborek failed to proceed on Tuesday after he failed to turn up in court.
The court was forced to adjourn the hearing of the case which was scheduled to start at 9.30 am after it emerged that the accused was not present in court, contravening previous orders by the court.
However, lawyer Gordon Ogolla told the court that his client had fallen ill and couldn't attend.
“I have called him (Kiborek) yesterday and he informed me that he was not feeling well...,” said Mr Ogolla
Kiborek who is out on Sh300,000 bond has denied charges of defiling a 16-year-old girl on December 23, 2018 while at a Nakuru hotel.
At the same time, the court allowed the adjournment amid protest by the lawyer who was holding a brief for the victim’s family.
In a letter addressed to the court administrator, lawyer Donal Rabala for the family complained of what he termed unnecessary delay that has rocked the matter saying, "justice delayed is justice denied".
Rabala regretted that the case had been adjourned for a record 12 times over for reasons that cannot be justified adding that the delay was meant to slow down the wheels of justice.
“The delaying tactics have now lasted for the last three and a half years. It s not only prejudicial to the minor but an affront and blatant show of disrespect to the girl child who only seeks justice from this court. Justice delayed is justice denied,” read part of the letter.
The victim's lawyer demanded that the prosecutor and the Director of Criminal Investigations speed up the hearing of the matter to its conclusion.
In the course of the mentions, the prosecution successfully applied for orders to have Kiborek subjected to a DNA test.
The court on October 8, 2019, allowed the application directing Kiborek to present himself at the Nakuru level five hospital for his DNA samples to be taken for analysis.
The case will be mentioned on August 15.
Kiborek who won the Mogotio MP UDA nomination that was held in April garnered 9,861 votes against his closest rival and Incumbent MP Daniel Tuituek who managed 9601.
