Nairobi governor Evans Kidero has secured fresh temporary orders stopping his arrest and prosecution over an altercation with county women representative Rachel Shebesh.
Justice Weldon Korir on Monday stopped the Director of Public Prosecutions and the police from arresting and charging Dr Kidero with assault for allegedly slapping Ms Shebesh during a confrontation in September last year.
“Notice of Motion application dated January 10 to be served upon respondents, and Rachel Shebesh is enjoined as an interested party. Hearing on January 16, 2014 (Thursday) before constitutional division of High Court,” ruled Justice Korir.
Dr Kidero had applied on Friday to stop the prosecution. “In the meantime the respondents are restrained from arresting and charging the applicant,” added Justice Korir.
Through lawyer Tom Ojienda, Dr Kidero told the court that his arrest and prosecution were imminent following vacation of earlier orders against the prosecution.
The judge also postponed an application by Orange Democratic Party and the Cord coalition, through their lawyer James Orengo, to be enjoined in the suit as interested parties until January 16.
Justice Isaac Lenaola had earlier lifted his order stopping the prosecution of the two politicians to pave the way for an out-of-court settlement of the dispute. The order was reversed after Ms Shebesh reported that she had not reached an agreement with Mr Kidero.
Ten days ago Justice Lenaola directed the two leaders to attempt an agreement and report the outcome. This came after a voter, Mr Alex Ochako, moved to court seeking to stop prosecution of the two leaders.
On Monday, Ms Shebesh asked the court to dismiss the case and allow prosecution, saying that her attempt to engage Dr Kidero had failed.
“I am left with no option but to urge this honourable court to order that both Governor Kidero and I be arraigned in court on a set date to face the relevant charges in line with order Number 2 of the court issued on January 3, 2014,” said Ms Shebesh in an affidavit.
Justice Lenaola rejected a plea by Dr Kidero for seven more days to attempt a settlement, saying the move would be in vain because one party was not ready for arbitration.
Dr Kidero allegedly slapped Ms Shebesh in a confrontation at the governor’s office during a county employees’ strike over unpaid salaries. The strike was called off after the parties agreed on a return-to- work formula.
