This archive report was first published on 2 August 2019.
On June 26, 2019, Kabazi MCA Peter Mbae appeared before Justice Janet Mulwa in a bid to have his prosecution blocked. However, the High Court dismissed his application, ruling that he had failed to establish that he would suffer prejudice and his rights would be violated if the application was not dismissed.
Justice Mulwa noted that the prosecution had acted within the law by charging Mbae, and that the issue of malicious prosecution was a matter of strict proof. She also stated that if the charges had been fabricated, Mbae would have a chance to challenge them during trial in a magistrate's court.
The court further ruled that the Director of Public Prosecutions (DPP) has the powers to investigate allegations against any suspect, regardless of their public figure status. Every person is equal before the law, according to the judge.
Mbae is facing serious charges, including incitement to violence, arson, and malicious damage to property worth Sh7 million belonging to Mansukh Patel. He is on trial with eight other suspects, and the court noted that the State must have solid evidence to sustain the prosecution.
