DPP to have final say in Kidero-Shebesh truce
Director of Public Prosecutions (DPP) Keriako Tobiko will have to give a nod to the mutual consent of reconciliation between Nairobi Governor Evans Kidero and Nairobi Women Representative Rachel Shebesh.
Justice David Majanja has issued a 21-day ultimatum for the two top Nairobi County politicians to obtain an endorsement of the DPP for them not to be prosecuted.
“I have seen the conciliation agreement but the DPP must formally withdraw the charges,” the judge said.
The two filed the consent before Justice Majanja and want the DPP to drop the criminal charges of assault and causing public nuisance preferred against them.
They settled out of court after the court gave them a chance to agree.
Withdraw charges
In their consent, they said: “Complaints they made against each other at Parliament police station and Central police station in relation to the incident of September 6, 2013 are hereby withdrawn and renounced entirely.”
The consent further states: “It is now hereby voluntarily and unequivocally agreed between Dr Kidero and Mrs Shebesh in the presence of their legal teams that they will never revisit the complaints they made against each other.”
Through the legal guidance of lawyer Tom Ojienda for Governor Kidero and Cecil Miller for the Women representative, the agreement is geared towards a withdrawal of charges by the DPP.
The two politicians agreed not to revisit the complaints as they had lodged them at Central Police Station and Parliament police.
“We have now served the DPP with the agreement and hope that in a few days the case will be a thing of the past,” said Miller.
Kidero was yet to write to the DPP to seek leave from being charged.
On September 6, 2013 Dr Kidero and Mrs Shebesh clashed at City Hall when she led striking county workers to his office.
Public brawl
On January 2, the office of the DPP had ordered the Governor be charged with assault and Shebesh with creating disturbance over a public brawl incident last year in September.
Mr Tobiko had recommended to the Directorate of Criminal Investigations boss, Mr Ndegwa Muhoro that the two be charged after perusing a file, which was forwarded to his office.
But at the Christian Outreach Church in Mwiki, Nairobi, Shebesh said: “I have forgiven Kidero unconditionally and I am ready to work with him. As women, we have been taught to forgive. My mother taught me forgiveness.”
Consequently, Dr Kidero, through his Twitter account gave compliments to Shebesh for her forgiveness, saying that it was good for the development of Nairobi.
This article was published by THE STANDARD on February 7, 2014