• It was alleged that on January 30, 2021, at around 3am in Maiyan Villas Resort, Nanyuki, Linturi intentionally and unlawfully attempted to rape a 36-year-old woman.
• He was charged with another count of indecently touching the woman without her consent. Both counts have now been withdrawn.
Image: File
A 36-year-old woman who accused Agriculture CS nominee Mithika Linturi of attempted rape has withdrawn her complaint.
Chief magistrate Susan Shitubi on Monday 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 offences 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 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 Thiankolu.
The woman was present in court and confirmed that there was an agreement between her and Linturi.
She was examined by the prosecution on her voluntariness of their decision to withdraw the complaint.
The lady 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 had willingly agreed to withdraw the complaint without any force or threats and that she did not intend to raise 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.
It was alleged that on January 30, 2021, at around 3am in Maiyan Villas Resort, Nanyuki, Linturi intentionally and unlawfully attempted to rape a 36-year-old woman.
He was charged with another count of indecently touching the woman without her consent.
Both counts have now been withdrawn by the woman who was set to testify to court on how the incident happened.
The woman had told the investigators that she was with her husband and some friends at Maiyan Villas Resort, Nanyuki on January 29, having fun.
She accused Linturi of attempted rape after he allegedly sneaked into the couple's hotel room.
However, Linturi claimed that he was the victim in the alleged rape incident and never went to the couple’s room as alleged.
In a letter written to the DPP by Thiankolu dated June 11, he alleged that the woman’s husband was the one who barged into his room, accusing him of entering their room and sexually assaulting his wife.
The letter states that on January 29, Linturi checked into Maiyan Villas Resort Nanyuki with his girlfriend.
“Our client was calmly enjoying his sleep when some strangers violently stormed into his villa in the wee hours of the morning and kidnapped him,” the letter read
(Edited by Bilha Makokha)