The Director of Public Prosecutions (DPP) has ordered the withdrawal of the case against Nakuru Town East MP David Gikaria, according to Section 87(a) of the Criminal Procedure Code.
"I would only say that the withdrawal is absolute and that no charges hang over accused’s head," read the DPP's statement.
Following the application by the office of the DPP, a firm has appealed against the decision to withdraw the case of malicious damage of property facing the lawmaker.
[caption caption="Nakuru Town East MP David Gikaria before Senior Resident Magistrate Judicaster Nthuku"]
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The Criminal Procedure cited by the DPP notes: "In any trial before a subordinate court any public prosecutor may, with the consent of the court, or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon such withdrawal.
"If it is made before the accused person is called upon to make his defense, he shall be discharged but such discharge of an accused shall not operate as a bar to subsequent proceedings against him on account of the same facts," reads the code act.
In the suit, the DPP and the chief magistrate's court in Nakuru were named as respondents while the MP was named as an interested party.
Mr Gikaria, his accomplice Moses Gichangi, Elijah Kinyanjui, activist Boniface Mwangi and Francis Mwangi had been charged with malicious damage to property.
They were accused of willfully and unlawfully damaging a perimeter wall worth Ksh13million in Naka, Nakuru Town, the property of ENSE Company.
Additionally, the MP was facing charges of theft where he was alleged to have stolen 300 wheelbarrows, 500 pieces of Y12 pipes and four water tanks, all of which were valued at Ksh2million.
The stolen items are also said to have belonged to the ENSE Company.
The Nakuru High Court stated that the application against the withdrawal of the case will be heard on October 2, 2018.
[caption caption="Nakuru Town East MP David Gikaria during a past political function"]
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