Court adjourns trial of ‘doctor’ in rape case

James Mugo Ndichu, alias Mugo wa Wairimu, at a Nairobi court on October 21, 2015. The trial of Mugo was Wairimu has been adjourned over missing witness statements. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • On Monday, Mr Mugo wa Wairimu told the court he was not ready to stand trial as the prosecution was yet to provide the statements of witnesses in the alleged offence.
  • The accused is charged with multiple counts of operating unlicensed clinics and  practising without authority.

The trial of a medical practitioner accused of raping a sedated woman at his clinic in Nairobi has been adjourned over missing witness statements.

On Monday, Mr Mugo wa Wairimu told the court he was not ready to stand trial as the prosecution was yet to provide the statements of witnesses in the alleged offence.

The accused is charged with multiple counts of operating unlicensed clinics and  practising without authority.

Wa Wairimu was arrested in September after a sensational video clip showing a man sexually abusing a sedated woman in a hospital bed went viral and sparked off public outrage on social media.

The case had been delayed as the police, through the Director of Public Prosecutions, sought more time to complete investigations.

“It is the duty of the accused person to collect witness statements from police,” senior state counsel Jacinta Nyamosi said, while objecting to a request for adjournment from the suspect’s lawyer.

Ms Nyamosi told court police had completed investigations and compiled all statements.

The prosecutor confirmed that the two key witnesses who were yet to record their statements, and who  were outside Nairobi, had since been traced.

Investigators had been awaiting reports from University of Nairobi, where the suspect is said to have studied, the government analytical laboratory in regards to DNA and other samples picked from the various clinics he operated.

The trial court has also extended his Sh1 million bond to January 28, next year.