Clinical officer to be prosecuted for allegedly raping school girl in his clinic
By Willis Oketch | July 10th 2015
Mombasa, Kenya - A lawyer has commenced a private prosecution against a clinical officer accused of raping a school girl in his clinic at Kiembeni estate on May 6 this year.
The lawyer and the victim's family claim police have refused to prosecute the clinical officer despite ample evidence available.
The private prosecution was filed before Mombasa Senior Principal Magistrate Richard Odenyo, who allowed it to proceed and ordered lawyer Grace Okumu to serve the suspect with court documents. He is supposed to appear in court on August 5 to answer the charges.
The charges drawn by the lawyer says that; "Henry Mwangue Jimbi on May 6 unlawfully sexually assaulted the minor at Bamburi, thereby occasioning actual bodily harm."
The magistrate also ordered the advocate to serve the Director of Public Prosecutions Keriako Tobiko with the papers, requiring him to appear before the court and explain why the suspect has not been arrested.
The mother of the schoolgirl is accusing the clinical officer Henry Mwangue Jimbi, who works at the Coast General Hospital, of sexually assaulting her daughter.
According to an affidavit sworn by the girl's mother, her daughter went to the clinic suffering from asthma and was asked by the suspect to remove her clothes.
"During the ordeal, the clinical officer broke the girl's virginity, resulting in untold pain," reads part of the affidavit.
Ms Okumu told the magistrate that the parents of the girl resorted to private prosecution after police at Kiembeni where she reported the matter declined to arrest the suspect.
"We have confirmed from the statement recorded by the suspect that he admitted having committed the act," said Okumu.
She said despite the overwhelming evidence against the clinical officer, the police neglected to act, while the girl continued to suffer pain and anguish.
"Despite the fact that the P3 form and post-rape care form confirm an offence in the nature of sexual assault, the police have made no effort to apprehend the perpetrator," said Okumu.
Okumu insists the report was made at Kiembeni Police Station on May 6 this year under OB No.32/6/52015. the next day, the girl was examined by a Dr Nassir, who confirmed the girl's fear of broken virginity.
Cases of doctors preying on their patients is common in the region. Last year, a doctor who owns a clinic in the town was caught by his wife in a compromising position with his patient, a situation which led to one of them filing for divorce.
However, Justice Maureen Odero advised them to solve the problem out of court as they were at an advanced age.
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