This archive report was first published on 12 June 2020.
On June 8, 2020, the Director of Criminal Investigations in Kakamega South issued a warrant of arrest against former senator Boni Khalwale for failing to appear before the court.
According to his lawyer, Victor Shivega, the Office of the Director of Public Prosecutions had applied to withdraw charges against Khalwale.
However, the High Court in Kakamega declined to grant the orders, citing that the police officer who swore the first affidavit seeking the warrant of arrest had not filed an affidavit to close the case.
As a result, the files were 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.
"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," said Mr Shivega.
