A Maragua politician charged with sexually assaulting a man had his case dismissed by a Kandaa court on Thursday.
The case was thrown out after the complainant skipped several court dates.
Sam Wairimu was charged with sodomising Joseph Kinyanjui at Storm Pub Lodge in Kenol last year.
ELECTION
Mr Wairimu unsuccessfully vied for the Maragua parliamentary seat as an Independent candidate in the last General Election.
Mr Kinyanjui never appeared for the hearing and mention of the case, a move that compelled the court to schedule hearing on four different dates.
On January 19, the prosecutor, Joyce Gatheni applied for the temporary withdrawal of the charges until the complainant who is also facing assault charges is arrested.
Mr Wairimu objected the application and instead pleaded with the court to dismiss the case in totality owing to the fact that neither the complainant nor the witnesses came to the court to testify against him.
The accused said while he has been complying with the law, the complainant who is also facing assault charges against him has never been arrested by the police.
Mr Wairimu told Chief Magistrate Margaret Kurumbu that despite the case having been filed six months ago, the prosecution has never supplied him with a copy of the recorded statement by a complainant a document he would rely in his defence.
“I urge this court to dismiss this case for it has continued to affect my life because as long as it hangs on my head, I can’t get a job as it destroys my person and character.
“The case was politically motivated because I was an aspirant for the seat of MP in my area in the just concluded parliamentary election,” he said.
DISMISS
While delivering the ruling, the Chief Magistrate noted that continuing with the case could deny the accused his rights as enshrined in the Constitution.
“The witness despite being aware of the hearing refused, was unable to, ignored or neglected the duty to appear in court. It appears that the complainant did not record a statement and if he did it was kept in such a place and manner that the accused could not be supplied with it.
“Definitely failure to supply the accused with a copy of that statement affects his right to fair trio,” the magistrate noted while delivering the ruling.
Talking to Nation after the ruling, Mr Wairimu said he will sue the State for wrongful prosecution and also file a complaint to the Independent Police Oversight Authority against a senior police officer in Kandara who he said fabricated the charges against him.