A senior lecturer accused of assaulting his colleague over draft examinations last year will have to face trial after a judge dismissed an application seeking to stop his prosecution.
Justice John Mativo ruled that Samuel Nderitu Wakanyua had failed to show that his prosecution was unfair or that the DPP abused his powers by preferring charges against him.
Mr Wakanyua, a former acting Dean of Students at Catholic University of Eastern Africa was accused of assaulting Prof Rosa Ko in October last year, after she raised concerns over examination drafts for political science.
But he moved to court arguing that he aspired to become the Dean of Students and they were in tight competition.
He stated that he believed the criminal proceedings were lodged by the police at the behest of Prof Ko with the aim of furthering her ambitions to rise to the said position, and, thus, deflate his chances of ascending to the position.
He complained that the police had not recorded any statements from him or the other lecturers who were present or students who witnessed the incident. He said the police, instead rushed to court armed with her statement.
Mr Wakanyua said the criminal charges before a Kibera court were a gross abuse of the criminal law process as they were brought with the ulterior motive of injuring his character and for the sole purpose of assisting Prof Ko become the dean.
But the prosecution said the complaint was lodged on October 30 after he assaulted his fellow lecturer. The prosecution said he was charged because there was sufficient evidence and not on any other considerations.
Prof Ko said he attacked her after she informed him that she would not approve the draft examination questions unless her concerns were addressed.
She also stated that she questioned the manner in which the lecturers were hired since they did not meet the required qualifications and added that the instructors were her former students who had not completed their masters’ programme.
And instead of resolving and addressing her concerns in an amicable manner, she said, he became confrontational and informed her that she had no authority to question him as he was in charge of the programme and could hire anyone.
And as she left the room, Mr Wakanyua became adamant and insisted that she had to sign and approve the examination drafts, and, in an attempt to stop her from walking out of the room, he grabbed her upper right arm, twisted and yanked it, injuring her right hand and shoulder. She reported the matter to the police.
In the ruling, Justice Mativo said applying the legal tests discussed to the facts and circumstances of the case, there is nothing to show that the prosecution is unfair or an abuse of court process or abuse of police powers or judicial process.
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