Parents of woman raped at KNH cry for justice ahead of burial

Before 28-year-old Phylis Nyaguthii died last week, her last wish was that the man she said had raped her in her hospital bed would be found and punished.

Hers was a story of a sad and horrifying fate.

Ms Nyaguthii’s tribulations began on June 7 as she lay on a bed at the Kenyatta National Hospital recovering from critical burns she suffered when a kerosene stove exploded as she prepared dinner.

She had been in hospital for two months and, by then, she knew the routine: the nurses on night duty would come round and change the patients’ clothing and linen.

When one of the nurses on duty that Friday night came to change her bedsheets and dress her burn wounds, she never imagined he had other ideas in his mind.

What is said to have followed was a chain of events that are horrifying.

As she stared, still very ill, the male nurse unzipped his trousers and then forced himself on her, she would later say, after days of silent agony. The man raped her, she said. One month and three weeks later, Ms Nyaguthii died, perhaps having lost the will to live.

Her parents don’t believe she would have lived anyway. Women activists have protested. Her MP Gachoki Gitari has promised to raise the issue in Parliament. Federation of Women Lawyers in Kenya (Fida) chairperson Ruth Aura has promised the family legal aid. Unfortunately, the rape suspect is nowhere near the temple of justice. 

Born in 1985 in the remote Kirigo village, Kirinyaga County, Ms Nyaguthii dropped out after primary school. 

She became pregnant by a man who left her before the baby arrived. The pregnancy blew away her education dreams. Her father, John Wachira, who earns Sh200 a day as a stone mason, was distraught. Her mother, Emily Muthoni, talks of an “obedient girl” who “left for Murang’a to seek employment”.

As a single mother, Nyaguthii took a job as a casual labourer at Farm Nut company to provide for herself and her daughter, now in Standard Two.

On April 10, she returned to her one-room rental house near her work place and started to prepare dinner. She was alone in the house.

All hell broke loose at around 8 pm when the stove she was using exploded. She sustained severe burns which left her fighting for her life.

Her horrific screams attracted neighbours, who took her to the Murang’a District Hospital. 

A neighbour says they found Ms Nyaguthii lying on the floor groaning in pain with pieces of the exploded stove scattered all over the room.

“It was a sad picture that will remain in my mind forever,” he said.

SEVERE BURNS

After administering first-aid, doctors at Murang’a Hospital referred her to the Kenyatta National Hospital for further treatment. She had deep burns on her face, chest, stomach and hands.  

Ms Nyaguthii was still undergoing treatment at the time of the reported rape incident that left her traumatised.

KNH spokesman Simon Ithai says had the patient raised the alarm soon after the rape ordeal, the hospital would have acted on the complaint immediately. 

According to Mr Ithai, the patient confided in a female nurse the next day and asked her “not to tell anyone”.

Ms Nyaguthii had, however, told a Sunday Nation reporter earlier that she disclosed the violation to her mother when she came four days later because the nurse she had reported did not tell anyone. 

It is her mother who reported the matter to the senior nursing officer who then raised the issue with the hospital administration. 

In a statement on June 27, Kenyatta National Hospital acting chief executive officer Dr Simon Monda said the hospital had carried out an internal investigation which led to the suspension of the nurse who had worked for 15 years at the facility. Dr Monda said KNH had also filed a case at the Milimani police station. 

But police say that by the time the case was reported – six days after the incident – evidence had been tampered with. 

A police officer at the station who identified himself only as Mr Rotich said an inquiry file was opened because there was no evidence to prosecute the case.

“Once a victim is raped, she must be examined by a doctor within 72 hours to get concrete evidence,” he said.

Mr Rotich said after the inquiry a report will be compiled and submitted to the Director of Public Prosecutions for action.

The P3 Forms made available to the Sunday Nation indicated that they were filled on June 12, 2013 by a Dr Ibua. 

The doctor said the rape incident was reported late and the patient’s clothes had been changed and washed. Therefore, evidence was effectively washed away.

“The KNH fraternity regrets this incident,” said Dr Monda on June 27. However, he promised that the hospital would provide “personalised care for the patient from a multi-disciplinary team of medical professionals to ensure that she receives the best care”.   

That was never to be because Ms Nyaguthii died on July 28 at 9 am. The hospital says they did their best to save her.  

Addressing the press on Friday, Mr Monda said examination of her body did not reveal any recent or remote injuries. According to a post-mortem report, Ms Nyaguthii died from a condition known as extra-pulmonary tuberculosis. The condition occurs when TB attacks any body organ apart from the lungs.

However, the family is still searching for answers and is trying to raise more than Sh1 million to settle the hospital bill. They say they are not sure they can raise the money and give their loved one a decent burial and have asked for a waiver from the hospital or help from well-wishers.

The family set the burial date for Tuesday which might be postponed if they don’t clear the bill with KNH.

Her father says Ms Nyaguthii’s condition deteriorated after the rape was reported and accuses the hospital of deliberately protecting the nurse from prosecution.

“There was a deliberate plan to ensure that the evidence is erased and that was why our daughter was subjected to medical examination on June 12, long after she was sexually assaulted,” Mr Wachira said. 

The family says that Ms Nyaguthii’s final wish was for the government to ensure the nurse did not go unpunished. This has not happened and, going by what police have so far, it may never happen. 
Fida Kenya wants to help the family pick up the pieces and, hopefully, find justice.

“Who is supposed to guarantee the security and safety of patients in health institutions?” Ms Aura asked. 

Ms Nyaguthii’s neighbours in Murang’a describe her as a jovial woman who related well with everyone. “We loved her and that is why we took her to hospital after the accident,” a neighbour, Kamau Chege, said. 

Neighbour Jane Muringo is still shocked by the sad turn of events.