Kenya: Court Declines to Stop Charges Against Khalwale

The High Court in Kakamega has declined to grant orders to stop charges against former senator Boni Khalwale.

The Office of the Director of Public Prosecutions had applied to withdraw charges.

Mr Khalwale was arrested on Thursday when he presented himself to Malinya Police Station after the court issued warrant of arrest against him for failing to appear before the Director of Criminal Investigations in Kakamega South on June 8.

He was to be questioned for allegedly convening an illegal gathering at Mungusi village in Shinyalu sub-county on June 5 in contravention of Covid-19 rules.

Mr Khalwale’s lawyer Victor Shivega said the DPP had preferred to close two miscellaneous charges against his client.

“The prosecutor, Mr Erick Mutua, applied to close the two miscellaneous files saying the State didn’t wish to prefer any charge against the former senator, but the court declined to grant the orders to close the files because the police officer who swore the first affidavit seeking the warrant of arrest against Mr Khalwale had not filed an affidavit to close the case,” said Mr Shivega.

He said the files had been placed aside, pending the filing of an affidavit from the investigating officer to explain why they don’t wish to prefer charges against the politician.

“Nothing has been actualised today. We are waiting for the filing of the affidavit by the police to know the next step,” added Mr Shivega.