Mogotio MP Reuben Kiborek, who had been embroiled in a defilement case for the past five years, has been granted the opportunity to move on with his life as the Director of Public Prosecutions (DPP) successfully withdrew the charges against him.
Kiborek had been accused of violating a 15-year-old daughter of a Cabinet Secretary back in 2018, a charge he consistently denied.
The case, which has lingered in the courts since 2018, faced a major development on Tuesday when Nakuru Chief Magistrate Bildad Ochieng granted the DPP's application to withdraw the matter under Section 87(a) of the Criminal Procedure Code, citing a lack of witnesses.
Senior Assistant Director of Public Prosecutions, Hassan Abdi, submitted the application on behalf of the DPP, stating, "The office of the DPP seeks leave of the court to have the matter withdrawn under section 87(a) of the criminal procedure code as read with section 40 of the sexual offences act number 3 of 2006 due to unavailability of witnesses."
This move came after a prolonged period of delays in the case, prompting Kiborek, through his lawyer, Gordon Ogolla, to request the State to withdraw the charges.
Ogolla expressed frustration at the lack of progress, stating, "This matter has been in court since 2018, and there is no single day the prosecution has availed witnesses. It is embarrassing to see a file of 2018 on the cause list, so if the prosecution is not ready to proceed, they should withdraw the case."
State lawyer Oscar Limisi attempted to defend the DPP by explaining that he had not yet received the police file, which was held by the Bondeni police station officer in charge.
This led to the court issuing a summons for the Officer in Charge of Station (OCS) Bondeni to appear in court and provide clarification on the matter.
However, at the last hearing, the magistrate granted the prosecution an adjournment, and the DPP applied for withdrawal on the scheduled date.
The long-standing case did not deter Kiborek from pursuing his political career, as he contested and emerged victorious in the Mogotio parliamentary seat during the last elections.
The withdrawal of the defilement charges marks a significant turning point in this protracted legal battle, allowing the Member of Parliament to continue representing his constituents without the cloud of these allegations hanging over him.