MOMBASA, Kenya, Aug 25 — A Mombasa court has acquitted a former Pandya Memorial Hospital clinical officer accused of raping a dialysis patient during a treatment session, ruling that the prosecution failed to prove the case beyond reasonable doubt.

📻 Breaking It Down

Chief Magistrate Lucas Onyina found Dias Juma Wabwile not guilty of rape and an alternative charge of committing an indecent act with an adult under the Sexual Offences Act.

Wabwile was accused of unlawfully penetrating the adult patient, identified in the judgment as M.T.K., at Pandya Memorial Hospital in Mvita Sub-County at around 5am on January 31, 2025.

Eight prosecution witnesses testified, but none witnessed the alleged assault. The complainant died before the hearing began and could not testify.

📌 What You Need to Know

The court said her absence was adequately explained but meant the prosecution needed strong, independent evidence to establish the charges.

The case centred partly on a used condom recovered from a hospital dustbin. Government Chemist analysis found spermatozoa and generated a male DNA profile matching Wabwile’s DNA sample.

Wabwile admitted the condom was his but said he had had sex with his wife at home before reporting to work and carried the used condom to the hospital, where he disposed of it.

His wife, Nancy Gakii, supported his account, telling the court they had sex at about 3.30am that morning and used a condom before Wabwile left for work.

The magistrate questioned the explanation, particularly Wabwile’s claim that he had wrapped the condom in tissue before carrying it to the hospital.

“If he wrapped it in tissue paper as he stated in his testimony, how come it was not so wrapped at the point of its recovery?” Onyina asked.

📰 Source: Capital FM Kenya