Kabazi Ward Rep Peter Mbae has unsuccessfully petitioned the High Court in Nakuru to stop his prosecution.
Mbae had moved to court to block his prosecution on grounds that he would suffer prejudice and that his rights would be violated.
Mbae is facing charges of incitement to violence, malicious damage of property, disobedience of the law and arson following chaos in Solai, Nakuru County.
In his application, the MCA wanted the court to dismiss his case claiming that the Rongai Divisional Criminal Investigations Officer (DCIO) and the Director of Public Prosecutions (DPP) had fabricated the criminal charges against him.
Justice Janet Mulwa dismissed his application saying that Mbae failed to demonstrate how his fundamental rights have been violated.
Justice Mulwa in her ruling noted that the charges against the Ward Rep were serious adding that the petitioner would have a chance to defend himself and prove that the charges were fabricated during the trial in a magistrate's court.
“By charging the petitioner, the prosecution was acting within the law. The issue that the prosecution was compelled or colluded with other parties to maliciously charge the petitioner is a matter of strict proof.”
“The DPP has the powers to investigate allegations against any suspect, even if the person is a public figure, a politician or a child. Every person is equal before the law,” ruled Justice Mulwa as quoted by standardmedia.co.ke.
In the case, Mbae together with eight others are being charged with incitement to violence, arson and malicious damage to property worth Sh7 million belonging to Mansukh Patel.