Linturi seeks to stop arrest in rape claim
Meru Senator Mithika Linturi is seeking court protection against his impending arrest, over claims he entered into a couple’s hotel room when the husband was out and allegedly attempted to rape the wife.
In a petition filed before the High Court, Linturi wants the court to bar the police from arresting or charging him with the offence of attempted rape.
“Linturi risks being arrested and charged any time now at the behest of the Directorate of Criminal Investigations (DCl) and the Director of Public Prosecutions (DPP) over the attempted rape charges,” reads the court papers
The Meru Senator reckons that the DPP is about to recommend his arrest and prosecution over the alleged incident.
Police reports indicate that the woman recorded a statement claiming that she was with her husband and friends at Maiyan Villas Resort in Nanyuki on January 29, when the alleged offence occurred.
The woman claims in the report that on the fateful night, she retired to their room to sleep but did not lock the door, because her husband was still out.
At about 3am, she heard the door unlocked and since the lights were switched off, she assumed it was her husband.
The woman states that the man she thought was her husband never uttered a word, while he inappropriately touched her and later they both fell asleep.
Thirty minutes later, she claims in a statement that she heard a knock on the door and went to open, only to find her husband standing at the door, prompting her to switch on the lights.
On switching on the lights, they both realised that there was a stranger in their bed and the husband became furious raising an alarm which attracted their friends; who were at the hotel. One of them allegedly identified the stranger as Linturi.
It was established that the senator was also a guest at the resort and had allegedly booked a room adjacent to the couple’s.
It is not clear if the legislator confused his villa with that of the couple.
The woman alleged that Linturi offered to settle the matter amicably through an offer of Sh200,000 in cash and a Sh800,000 cheque but later reported them for extorting him.
The couple decided to file their complaint of attempted rape and indecent act with an adult.
Linturi in an application filed through lawyer Charles Mwongela, wants the court to bar the DPP and DCI from arresting and charging him for the alleged attempted rape and indecent act with an adult.
Linturi says Interior Cabinet Secretary Fred Matiang’i, while answering summons from Senate National Security Committee, said they intended to charge him with attempted rape as an added charge to the forgery charge he is currently facing.
The legislator argues that the alleged attempted rape was never disclosed to him or the court in May this year, when he filed and got orders to stop his Sh500 million forgery charge.
He says he was unaware of the additional criminal offence of attempted rape.
In the forgery cases facing the Senator, the High court on May 11 this year issued orders stopping his prosecution over a Sh530 million loan he took two years ago from Family Bank with properties of his estranged wife as collateral.
Justice Weldon Korir issued the conservatory orders barring the DCI and DPP from arresting Linturi and his business partner Emily Nkirote over 37 fraud-related criminal charges.