Nairobi, Kenya: The prosecution is seeking the cancellation of bond terms against controversial 'doctor' James Mugo aka Mugo wa Wairimu.
Through an affidavit sworn by an Investigation Officer, Mugo is said to have been charged with numerous counts as per the substituted charge sheet filed on March 16, 2016.
"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 that warrant of arrest was issued against the accused on June 7, 2016 for non-attendance but was later lifted.
The prosecution also raised doubt on the medical document presented before the court as reason to lift the warrant.
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They said the document indicates that Mugo was admitted at a certain maternity Hospital and they raised suspicion.
Kadebbe said the document does not indicate the specific illness he was suffering from.
He submitted that Mugo case was slated for hearing on July 11, 2016 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
Kadebe submitted that the accused appeared before a different court on August 9, 2016 seeking to lift the warrant of arrest against him.
He told the court that the warrant was suspended on August 15, 2016 and the conduct of Mugo is in total disregard of the criminal justice process and orders issued.
"The accused has failed to honor bond terms guidelines and it need to be cancelled pending the conclusion of the trial," said Kadebbe.
He added that the medical documents presented before the court as the reason to lift warrant is need to be verified as it appears as fake.
His lawyer Mbiu Kamau opposed the application by the prosecution claiming that the accused has presented himself to court for 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 2.30 before the warrant was issued," said Kamau.
He added that the accused failed to inform him about the sickness and he was not aware that he was sick.
The lawyer said Mugo is ready to co-operate with court and ensure the matter is concluded within a shortest time.
Kamau argued the court to lift the warrant against the accused and have the matter concluded while he is out of custody
Mugo is facing charges of rape, operating a clinic without valid licenses and masquerading as a gynecologist.
Senior principal magistrate Joyce Gandani suspended the arrest order and directed Mugo to appear before trial magistrate Daniel Ogembo to explain why he failed to turn up in court on July 11.
Ogembo issued the arrest order against Mugo when he skipped the hearing of the case in which he denied 12 counts of criminal offences.
Mugo was charged on October 2015 with the crimes following allegations that he sedated and raped his patients.
The man was arrested after a video recording believed to be of him sedating and raping a female patient during examination at Prestige clinic in Githurai 44 estate, Nairobi was circulated in the media.
He was arrested in Limuru and arraigned on September 11 where he was granted a bond of Sh2 million with a surety of similar amount. Ogembo will deliver a ruling on September 2.