A senior lecturer accused of assaulting his colleague at the Catholic University of Eastern Africa (CUEA) two years ago has a case to answer, a magistrate’s court has ruled.
Principal Magistrate Barbara Ojoo ruled last week in the matter against Mr Samuel Nderitu Wakanyua, the Dean of Students at the university, citing prima facie evidence.
Mr Wakanyua is accused of assaulting Prof Rosa Ko in October 2018 after she raised concerns over political science examination drafts.
This was allegedly after she informed Mr Wakanyua that she would not approve draft questions unless her concerns were addressed.
A hearing was set for March 24 and Mr Wakanyua informed that he was at liberty to call witnesses to his defence.
Last July, Mr Wakanyua lost a bid to stop his prosecution after High Court Judge John Mativo ruled that he failed to show his prosecution was unfair or that the Director of Public Prosecution abused his powers by preferring charges against him.
Mr Wakanyua had argued that the charges before a Kibera court were a gross abuse of the criminal law process, raised with the ulterior motive of injuring his character and the sole purpose of assisting Prof Ko become the dean.
In the ruling, Justice Mativo said that after applying legal tests discussed to the facts and circumstances of the case, he found nothing to show the prosecution was unfair or that judicial and police powers, or the court process, had been abused.
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