A taxi driver who allegedly raped his client then stole her a mobile phone will remain in police custody for 18 days before his bail plea can be determined.
A senior police officer, Inspector Eunice Njue opposed the accused, Shem Mogaka Nyakundi being admitted to bond saying, “a report from the hospital which treated the rape victim is yet to be received.”
She said the doctor who attended to the victim will report for duty on Friday this week.
“It’s only the doctor who treated the complainant who can fill the requisite file,” added the Inspector.
The accused, who is currently facing two counts of stealing and handling suspected stolen property, faces another count of rape.
Inspector Njue told the court that on the material day the complainant had requested to be dropped at Ruiru, Kiambu County from Lang’ata in Nairobi County, but the accused re-routed to his Tassia residence in Embakasi where he allegedly raped her repeatedly.
He is alleged to have kept her for a whole day in his house.
The magistrate Muthoni Nzibe heard that the accused ensured the complainant bathed and washed her clothes to destroy evidence.
“I oppose the release of the accused person as he has been threatening the complainant and witnesses,” said Inspector Njue.
The officer from the anti-rape and violation of women and girls rights police department urged the magistrate to deny the suspect bond as statements are still be recorded from witnesses.
“Upon learning the complainant had reported she was raped, he has proceeded to issue several threats against her and other intended witnesses,” inspector Njue said.
She asked for the court to keep the accused in custody while she completes her investigation.
Despite protests from the defence lawyer citing the prosecution had had ample time to conduct and complete investigations since the November 22, 2019 incident, the magistrate allowed the prosecution’s plea for the accused to remain in custody.
In her brief ruling Ms Nzibe ruled that the suspect remain in custody until December 19, 2019 when further directions will be given.
The accused denied stealing a Techno mobile phone worth Sh35,000 belonging to the complainant and the alternative charge of handling stolen property.