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Ule Bibi Ya Mtu Mwenye Allegedly Alimangwa Kwa Ofisi Ya Mp Westi Was Lying

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shocks

Village Sponsor
#1
Lab test adds twist in MP's rape case

Standard Digital
The case in which Imenti Central MP Gideon Mwiti is accused of raping a woman has taken a new twist after two independent medical reports indicated there was no evidence of sexual contact between him and the accuser. Both the DNA report from the Government Chemist and a separate report from the Nairobi Women's Hospital, where the woman alleged to have been raped by the MP was hospitalised for treatment, have indicated there was no evidence of sexual intercourse from tests conducted. The two reports are already before courts, having been served to both the prosecution and the defence in the trial of Mwiti (pictured), who is facing rape charges before a Nairobi court. The MP was charged that on March 21, 2015 at Tana club in Westlands, he raped a married woman and intimidated her. An analysis from samples to determine the presence of semen, spermatozoa, blood, hair or fibre produced negative results in all the 18 items taken for check by the CID at the Government Chemist. A report from the Nairobi Women's Hospital on the tests on urine and the High Vaginal Swabs Microscopy, prepared by Laboratory Technologist Benson Mwangi, indicated there was no evidence of spermatozoa from the blood and urine samples from the complainant. See also: Fate of EACC Bill passed on July 9 still unknown The tests are indicated to have been conducted on March 24 at the request of a Dr Muhindi, two days after the alleged rape and a day after the victim's admission at the Hospital's Hurlingham unit. Separately, according to the DNA report prepared by a Government Analyst Anne Wangechi Nderitu at the Government Chemist Department, the high vaginal swabs collected from the woman had neither seminal stains or spermatozoa, the common element of sexual intercourse. A total of 18 items had been taken to the Government Chemist by CID officer Lucy Mbithe for analysis in the rape investigations. "It was desired to examine the items listed above and determine the presence and source of semen, spermatozoa, blood hair or fibre," states Ms Nderitu in her report. She adds, "The panty (item 3) and garment (item 4) were not stained with blood, semen or spermatozoa." Similar findings were given in respect to three other items that had been received for analysis from the CID, with also no evidence of blood, fibre of hair on the garments taken by police from the MP. Nail clippings from the complainant also did not give any incriminating evidence.
The DNA profiles generated at the Government Chemist in respect to buccal swab samples taken from both the MP and his accuser gave results that did not match.


Can't believe this, yaani that couple wanted to blackmail him and they thought he would pay to protect his image. Yeye and that doctor though have had their names dragged through the mud
 
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Jirani

Village Elder
#3
Hakuna siku MP atafungwa jela..they will always get a way to escape. Angalia Moses Kuria, he is half way out. Hii ya huyu Mp ingekuwa chali ordinari hata ma test hazingefanywa..ni mtu anapewa 10 yrs pap na judge and no questions asked..Kesi ya Moses kuria..hi ingekuwa ordinary kama ule mjaka allan wadi ama Robert Alai..Kamiti pap
 

Jirani

Village Elder
#4
ana thing, if this Rape Mp goes scot free then it will be a major blow to female jnr staff who work 4 Mps.. Most of them are sexually abused ...this is not the 1st case we r hearing. Remember that ka- MP who fired a jnr female employee via whatsapp after his sexual advances were denied by the lady. Sasa many who are suffering or have suffered the same ordeal have lost hope.
 

Mathaais

Village Chief
#6
Hapo CDF imetumika vilivyo to get favourable reports.
The whole saga doesn't look like the woman wanted to blackmail the Mp. And guys are still asking why Kihiu Mwiri directors are being eliminated. When you can't get justice from the courts system, you explore any other means.
 
#8
Would the case qualify as rape, if there was intention , through brutal force , including visible injury marks on the woman but no penetration ?
 

Older+

Village Elder
#12
Vile wengi wamesema - money changing hands, wazee sent to the lady & the husband, more money & the mp integrity is intact as before.
 
#13
Actually, I'm not surpised. This Mwiti guy appears invincible. For those of you who don't much about this guy, let me give you a small dossier. This is the same guy who owned Deci, a ponzi company that conned innocent Kenyans millions of shillings. Some of the people who lost their money took up the issue with CBK and CBK closed down that company. This guy went to court and miraculously won the case and was awarded around 2 billion. That's the point he joined politics, and I guess it is the same money he's using to buy his way out.
 

Dunya

Village Elder
#16
Actually, I'm not surpised. This Mwiti guy appears invincible. For those of you who don't much about this guy, let me give you a small dossier. This is the same guy who owned Deci, a ponzi company that conned innocent Kenyans millions of shillings. Some of the people who lost their money took up the issue with CBK and CBK closed down that company. This guy went to court and miraculously won the case and was awarded around 2 billion. That's the point he joined politics, and I guess it is the same money he's using to buy his way out.
Awarded by who
 

MBOMB

Village Sponsor
#19
This is where women fail, they concentrate no on "non-issues" like that "MyDressMyChoice" nonsense that they were really vocal about
instead of real issues. Like @Jirani has said. This now closes the door for any other woman who will ever be sexually abused (real or imagined) by people in authority.
 
#20
Would the case qualify as rape, if there was intention , through brutal force , including visible injury marks on the woman but no penetration ?
In Kenya, most of the "normal" criminal offenses [theft, kidnapping, arson, treason, robbery etc] are outlawed under the Penal Code, Cap 63. Under section 4 of the Code, offence” includes an act, attempt or omission punishable by law.

Now, "attempt" is defined under Section 388 of the code as follows:
(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such an extent as to commit the offence, he is deemed to attempt to commit the offence.

Under the Code, (Section 388(2) and(3) to be precise) it is immaterial whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. It is also immaterial that by reason of circumstances not known to the accused person, it is impossible in fact to commit the offence.

That is the law. To answer your question, under Kenyan law, if there was intention, brutal force , (including visible injury marks on the woman) but no penetration, it would not amount to rape. It would amount to attempted rape.

A person who attempts to commit a felony (like rape ) or a misdemeanour (like attempted suicide) according to Section 389 of the Code, is guilty of an offence. He/she is liable, if no other punishment is provided, to one-half of such punishment as may be provided for the offence attempted, but so that if that offence is one punishable by death or life imprisonment he shall not be liable to imprisonment for a term exceeding seven years.
 
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