Controversial 'doctor' Mugo wa Wairimu has been released on bail by a Nairobi magistrate court.
After spending 24 days in remand, the accused was released yesterday by Chief Magistrate Daniel Ogembo on Sh5 million bond or an alternative of Sh1 million cash bail.
"The prosecution has failed to prove that the accused had tried to go underground and that he is a flight risk," said Ogembo.
He also directed Mugo to deposit his passport in court for security purposes and to stay away from prosecution witnesses.
The magistrate said there is no evidence to prove that the accused is a flight risk and that he should be denied bail.
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The court considered the submissions from both sides before delivering the ruling. The defence had earlier applied for bail.
The 'doctor' was charged with rape and 11 other counts including operating a clinic illegally. The court then denied Mugo bail and directed that he be remanded in Kamiti Maximum Prison until yesterday.
The court had earlier allowed the police to continue holding Mugo after the prosecution sought for more time to allow them assess the scene of crime and obtain records from various Government agencies.
Mugo was arrested at a hotel in Limuru after a video recorded using a hidden camera was aired by a local television station, causing outrage from the public and civil society that called for his arrest.
The video clip showed a woman on a doctor's examination table and a man undressing before climbing onto the table and raping the sedated female patient. According to media reports, the video was taken at the Prestige Health Care clinic in Githurai 44, Nairobi, which is operated by the accused.
The Kenya Medical Practitioners and Dentists Board and the Nursing Council of Kenya disowned Mugo, saying he is not a registered member of the professional bodies. The Nairobi county government also said the clinic was not licensed to operate and that it had been closed down by authorities in June.
The case will be heard on October 19.