Government wants 'fake doctor' detained till end of case

Rogue doctor Mugo wa Wairimu accused of sedating women and raping them in his clinic, at Milimani Law Courts in Nairobi on August 24 2016. He will remain in police custody for 10 days pending a ruling on the cancellation of his bail terms, after the prosecution made an application to have him in police custody until his case is heard and determined. [PHOTO:DAVID NJAAGA/STANDARD].

The prosecution is seeking the cancellation of bond terms against a man accused of raping patients and masquerading as a doctor.

Through an affidavit sworn by the investigating officer, James Mugo aka Mugo wa Wairimu is said to have been charged with numerous counts as per the substituted charge sheet filed on March 16, 2016.

Mr Mugo is facing charges of rape, operating a clinic without valid licences and masquerading as a gynaecologist.

"Since plea taking, the accused has on many occasions applied for the adjournment of the matter, therefore, delaying justice for the victims," said Prosecutor Eddie Kadebe.

He added a warrant of arrest was issued against the accused on June 7 for non-attendance but was later lifted.

The Prosecution also raised doubt on the medical document presented before the court as a reason to lift the warrant.

The document indicated Mugo was admitted at a certain maternity hospital, which the Prosecution raised suspicion on.

Mr Kadebe said the document did not indicate the specific illness the accused was suffering from.

He submitted that the case was slated for hearing on July 11 but he did not show up again.

"Warrant of arrest was again issued on the same day, and attempts to find him were not fruitful," said Kadebe.

The Prosecutor submitted that the accused appeared before a different court on August 9, 2016 seeking to lift the warrant of arrest against him.

He submitted that the warrant was suspended on August 15 and the suspect's conduct was in total disregard of the criminal justice process.

"The accused has failed to honour bond terms guidelines and it needs to be cancelled pending the conclusion of the trial," said Kadebe.

He added that the medical documents presented before the court as the reason to lift the warrant needed to be verified as they appeared fake.

Mugo's lawyer, Mbiu Kamau, opposed the application by the prosecution claiming that the accused had presented himself to court three times without arrest.

"Whatever the Prosecution is telling the court is not in the affidavit and the matter was listed to be heard at 2.30pm before the warrant was issued," he said.