• Chief Magistrate Susan Shitubi allowed the withdrawal after the DPP confirmed that they were aware of the agreement details between the two.
• Shitubi withdrew the case under section 40 of the sexual offenses act.
Image: File
A woman who accused Agriculture CS Nominee Mithika Linturi of attempted rape has this morning withdrawn her complaint against the former senator.
Chief Magistrate Susan Shitubi allowed the withdrawal after the DPP confirmed that they were aware of the agreement details between the two.
Shitubi withdrew the case under section 40 of the sexual offenses act.
Linturi’s lawyer Muthomi Thiankolu told court that the woman had sworn an affidavit on September 21 confirming that they had discussed and agreed to withdraw the case.
State Counsel Nyakira Kibera confirmed to court that the woman had agreed to withdraw the complaint and the proceedings against Linturi.
Nyakira further confirmed that the DPP had received the affidavit sworn by the complainant and amenable to the withdrawal of the complaint and their proceedings on the terms proposed by Lawyer Muthomi Thiankolu
The woman was present in court and confirmed that there was an agreement between her and Linturi.
The woman was examined by the prosecution on her voluntariness of their decision to withdraw the complaint.
She confirmed that she had willingly agreed to withdraw the complaint and did not intend to raise it or any other claim against the accused persons in future.
The magistrate also examined her on oath and she said she was she had willingly agreed to withdraw the complaint without any force or threats and that she did not intend to raise or or any other claim against Linturi.
The court directed that the Sh200,000 that was paid as cash bail by Linturi be released to him and also the Sh200,000 taken from him by police as exhibit.
The state shall release to the complainant and prosecution witness mobile phones that it took from them and withheld for use as exhibits.
The woman had alleged that Linturi entered into her hotel room while she was asleep and attempted to rape her.
In September last year, Linturi was charged with attempted rape.
In the charge sheet, Linturi was accused that on January 30,2021, at around 3am at Maiyan Villa’s hotel in Nanyuki, he intentionally and unlawfully attempted to rape a 36-old-woman.
Linturi who was then Meru senator refuted the claims and was subsequently released on a Sh500,000 bond.
He termed accusations as politically instigated.
“Charged with attempted rape, contrary to section 4 of the Sexual Offenses Act of 2006,” read the charge sheet.
The former Meru senator was also accused of committing an indecent act with an adult, contrary to section 11(A) of the Sexual Offenses Act of 2006.
In May, he asked a Nairobi court to terminate a case in which he is accused of attempted rape of a woman.
Linturi said prosecution has failed to supply him with crucial evidence.
In his submissions, the senator, through his lawyer Muthomi Thiankolu, told Milimani chief magistrate Susan Shitubi that the prosecution has not supplied him with nude photographs and video taken at the scene of the alleged sexual crime.