The High Court Wednesday ended the dispute between Nairobi Governor Evans Kidero and Women Representative Rachael Shebesh by formally admitting the mutual consent written by the two to withdraw the complaint from police. Justice David Majanja sitting in Nairobi admitted the written consent by Kidero and Shebesh to withdraw their complaint which the Director of Public Prosecutions (DPP) relied on to instigate the criminal proceeding against them. “I agree with the parties that the matter is withdrawn,” said Majanja “Both petitioners have now withdrawn their respective complaints in accordance with their accord,” he added. The judge said the DPP is not party to the consent and thus cannot prevent the two from withdrawing the suit in court and marked the matter as withdrawn. The DPP Keriako Tobiko wanted the court not to allow the consent because the Department of Criminal Investigations had not informed him that the matter is withdrawn and prosecution shouldn’t continue.
Counsel Cecil Miller representing Shebesh told court that his client had consented with Kidero in public interest and for the development of Nairobi County. On his part, Prof Tom Ojienda, for Kidero, confirmed to the judge that the dispute between the two leaders was long settled and court should mark the matter as withdrawn. Kidero and Shebesh had filed two separate cases in court to stop the DPP from prosecuting them. The court later consolidated the two cases whereupon the two leaders sought to solve their dispute out of court leading to a mutual consent to withdraw the legal proceedings. Kidero and Shebesh legal tussle followed claims that the governor slapped Shebesh during a demonstration she led into his office last year.
