DPP withdraws charges against Kidero and Shebesh

The Director of Public Prosecutions (DPP)’s office has formally withdrawn charges against Nairobi Governor Dr Evans Kidero and Woman Representative Rachel Shebesh.

The DPP said in a statement sent to newsrooms that on December 9, 2013, following an investigation and recommendations by the police, he had directed that Dr Kidero be charged with the offence of Assault and causing actual bodily harm contrary to Section 251 of the Penal Code.

The DPP had also directed that Ms Shebesh be charged with the offence of creating disturbance contrary to Section 95(1) (b) of the Penal Code.

Investigators, he said, forwarded the case file on March 19, 2014.

“The Police forwarded to the DPP further statements recorded by Dr Kidero and Ms Shebesh, formally withdrawing the criminal complaints they had lodged with the police against each other,” he said.

“In light of the formal withdrawal of the respective complaints, it would serve no purpose and may in fact be an exercise in futility for the Director of Public Prosecutions to proceed on the charges,” he said.

The DPP noted that although the complainant in the charge against Ms Shebesh is the State, “nonetheless, the charge arises from the same transaction as that against Dr Kidero.”

He further noted that Dr Kidero and Ms Shebesh have since withdrawn the respective petitions that they had lodged at the High Court.

“In the addition, petition filed by Alex Nchore Ochako on the same subject matter was dismissed with costs,” he said.

“The DPP therefore has directed that his earlier decision and directive to charge the two is withdrawn,” the statement said.

He also stated that the police inquiry case file be marked as closed with no further police action.

This article was published by the DAILY NATION on March 21, 2014