Meru Senator Mithika Linturi has been charged with the attempted rape of a middle-aged woman on January 30, 2021.
The legislator appeared before Nairobi Senior Principal Magistrate Martha Nanzushi on Tuesday, September 14. He denied the charges, which also include committing an indecent act with an adult.
This follows the dismissal of the senator’s attempt to block his prosecution for the alleged offence.
Linturi said the allegations levelled against him were politically instigated, a claim which the Director of Public Prosecutions (DPP) Noordin Haji and the Director of Criminal Investigations George Kinoti denied.
The charges stated that on January 30, 2021, Linturi attempted to have sex with his would-be victim without her consent. The said incident happened at the Maiyan Villas Hotel in Nanyuki, Laikipia County.
“On January 30, 2021, at around the 3am at Maiyan Villas Hotel, Nanyuki in Laikipia East Sub-County in the Republic of Kenya, you (Linturi) intentionally touched the [woman] without her consent,” the charges read in part.
Lenient bail term
The suspect’s lawyer, Muthomi Thiankolu, pleaded with the court to hand the senator a lenient bail term, saying Linturi is a lawmaker in Kenya, hence not a flight risk.
The legislator was freed on a Sh500,000 bond or a Sh200,000 cash bail. The State did not oppose his release on bail. The matter will be mentioned on October 20, 2021.
At the High Court, Linturi told Justice Weldon Korir that he was aware of a rape complaint lodged by a married woman, who accused him of slipping into her hotel room in the night. According to the senator, the woman wanted to extort money from him.
DPP Noordin Haji, however, argued that the suspect was illegally asking the court to investigate whether there was enough evidence to prefer charges against him.
According to Haji, the rape claim had no relationship with 37 other charges that the court had barred the State from charging Linturi with.
He asserted that it was for Linturi to tell the court whether he slipped into a married woman’s bed or not.
Linturi sued the State, alleging that the intended charges were linked to politics. He claimed that he came to know that he was wanted through a letter by the DCI to interior Cabinet Secretary Fred Matiang’i.
According to Linturi, the State wielded a wild card on him in order to circumvent orders barring his arraignment, citing another court battle over the directorship and control of Atticon Ltd.
“These newest alleged criminal offences have never been disclosed to either the first petitioner (Linturi) and/or this court despite the existence of this matter and several appearances by counsel for the respective parties concerned,” he said.
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