Meru senator Mithika Linturi has lodged afresh application seeking the court to order the state to furnish him with photos and videos allegedly taken by a woman he is accused of attempting to rape at a Nanyuki hotel.
When the criminal case was called for hearing at a court in Milimani, Linturi asked the magistrate to compel the prosecution to given him the evidence including nude pictures and videos that the complainant and employees of Maiyani Villas hotel in Nanyuki claimed to be possessing.
He informed Chief Magistrate Wendy Kagendo that the prosecution was yet to disclose all the evidentiary materials to enable him prepare his defence.
“Also missing are photographs by the complainant and the eye witnesses at the hotel taken using their mobile phones and surrendered to DCIO Nanyuki police station, ” lawyer Muthomi Thiankolu representing Linturi told the court.
Thiankolu insisted that the photos and videos taken by the witnesses will help the court arrive at a just decision since they will shed light on what happened on the material day.
The senator further urged the court to also compel the prosecution to supply him with the witness statement of the woman he is alleged to have raped and indecently touched, eye witnesses of Maiyan Villas hotel in Nanyuki and the Occurrence Book claiming they were not in the inventory of statements and documentary material supplied to him.
In response, the prosecution sought for more time to avail the said evidence to the senator before the matter can kick off for trial.
The magistrate, however, granted the prosecution request and directed the case to be mentioned on March 15 to confirm exchange of documents and further directions.
In the case Senator Linturi is accused of sneaking into a woman’s hotel room and attempting to rape her on January 30, 2021, at Maiyan Villas hotel in Nanyuki.
He also faces another count of indecently touching the woman without her consent.
He is out on a cash bail of Sh 200,000.
