The hearing of a petition in which Kabazi Ward MCA Dr.Peter Mbae filed to stop criminal proceedings against him has been adjourned to May 17 2019.
In the petition, the ward rep is seeking to block his prosecution over malicious damage to property and arson in Solai.
The Attorney General and the Director of Public prosecution had been granted 14 days to respond to the suit.
The matter was slated for hearing on Tuesday April 30 before Justice Janet Mulwa but this did not take place after the court was informed that State Counsel Mr. Amos Chigiti had been bereaved.
Addressing media after the case was adjourned; High Court Lawyer Bernard Kipkoech Ng’etich who is representing the petitioner said they had no reason to object the adjournment as the State Counsel was bereaved.
“We were ready on our side as petitioners however the case could not proceed as we were informed that the State Counsel Mr. Amos Chigiti is bereaved hence the matter was adjourned to May 17 2019”said Ng’etich.
Lawyer Ng’etich has however called for speedy handling of the matter stating that the case is an attack on the rights of the petitioner as a representative of the people of Kabazi.
He argues that the matter should be handled with speed to avert infringing on the petitioner’s rights to represent the people of Kabazi Ward.
“We emphasize the fact this case is about the attack on petitioner’s rights to continue playing his role over oversight on what is going on in Kabazi and that is why we have pushed to have a near date of hearing” said Ng’etich.
In the petition, Dr.Mbae has sued the Rongai DCI, Office of the director of public prosecutions and the owner of the Solai dam Perry Mansoukh Kasangara whom he accuses of bias and malicious prosecution.He has also enjoined the office of the Attorney General as an interested party in his suit.
The MCA had been charged alongside eight others with destruction of property at Patel Farm in Solai, Nakuru County.
He wants the case terminated for violation of constitutional rights.
He accused the respondents of fabricating and preferring criminal charges against him since he has been vocal in ensuring that the victims of the infamous Solai dam tragedy are justly compensated.
This even as families affected by the Solai Dam tragedy look forward to mark on 9th May one year anniversary since the tragedy happened.
Dr.Mbae who has another matter in Environmental court seeking to ask the court to order an environmental Impact assessment for all the dams, says the matter which is also coming up on May 6 2019 should also be dealt with even as the families mark the anniversary.
“In that petition in the Environmental Court we are seeking to ask the court to order an environmental Impact assessment for all the dams” said Ng’etich.
PHOTO/Pristone Mambili:Kabazi Ward MCA Dr.Peter Mbae(Right) with his lawyer Bernard Kipkoech Ng’etich outside Nakuru Law courts on April 30 2019.