Termination of charges against Nairobi Governor Evans Kidero and Women Representative Rachel Shebesh is the preserve of the Director of Public Prosecutions in spite of a deal struck by the leaders, a court has said.
Justice David Majanja on Wednesday ruled that an out-of-court agreement between the two “cannot bind the DPP unless he consents” as he was not a party to the deal.
Dr Kidero and Ms Shebesh have withdrawn complaints they lodged against each other at the Central and Parliament police stations respectively, following an altercation at City Hall last year.
They both obtained stay orders challenging their impending prosecution.
Justice Majanja said the reconciliation agreement only amounted to a “withdrawal” of their respective petitions against the DPP, Inspector General of Police and Attorney-General but was not a “settlement” of the cases.
He said unless the DPP consented to the truce, he was still at liberty to pursue his case against the leaders.
