The hearing of a petition filed by Kabazi Ward MCA Dr Peter Mbae to stop criminal proceedings against him has been adjourned to May 17, 2019.
In the petition, the ward rep is seeking to block his prosecution over malicious damage to property and arson in Solai.
The Attorney General and the Director of Public Prosecutions had been granted 14 days to respond to the suit.
The matter was slated for hearing on Tuesday, April 30 before Justice Janet Mulwa but this did not take place after the court was informed that State Counsel Mr Amos Chigiti had been bereaved.
Addressing journalists after the case was adjourned; High Court Lawyer Bernard Kipkoech Ng’etich who is representing the petitioner said they had no reason to object the adjournment as the State Counsel was bereaved.
“We were ready on our side as petitioners. However, the case could not proceed as we were informed that the State Counsel Mr Amos Chigiti is bereaved hence the matter was adjourned to May 17, 2019,” said Ng’etich.
Ng’etich, however, called for speedy handling of the matter stating that the case is an attack on the rights of the petitioner as a representative of the people of Kabazi.
“We emphasize the fact this case is about the attack on the petitioner’s rights to continue playing his role of oversight on what is going on in Kabazi and that is why we have pushed to have a near date of hearing,” said Ng’etich.
In the petition, Dr Mbae has sued Rongai DCI, Office of the Director of Public Prosecutions and the owner of the Solai dam Perry Mansoukh Kasangara whom he accuses of bias and malicious prosecution. He has also enjoined the office of the Attorney General as an interested party in his suit.
The MCA had been charged alongside eight others with the destruction of property at Patel Farm in Solai, Nakuru County.
He wants the case terminated for violation of his constitutional rights.
He accused the respondents of fabricating and preferring criminal charges against him because he has been vocal in ensuring that the victims of the infamous Solai dam tragedy are justly compensated.