A clinical officer at Pandya Memorial Hospital in Mombasa has been charged with raping a patient.
Dias Juma Wabwile was on Monday arraigned before a Mombasa court on two charges of rape and committing an indecent act with an adult.
The court heard that the suspect sexually assaulted the victim on January 31, 2025, at the facility around 5am.
The suspect was also charged with committing an indecent act with an adult, with the prosecution alleging that he inappropriately touched the victim with his hands.
The offence is alleged to have occurred between October 2024 and January 31, 2025 at Pandya hospital area located in Mvita Sub-County.
The prosecution sought to block the suspect’s release on bond, arguing that he was a flight risk and might abscond if granted bail.
State Prosecutor Martin Mbote requested the court to order a pre-bail report to assist in determining whether the accused was suitable for bail.
“The accused is a clinical officer at Pandya Hospital, and the victim was a patient at the time of the alleged offence. Once we leave this courtroom, he is likely to be interdicted and removed from his quarters at the health facility,” said Mr Mbote.
The prosecutor further informed the court that the Federation of Women Lawyers in Kenya (Fida-Kenya) which had taken up the matter, disclosed to the state that the accused resides in Bungoma, raising concerns that he might abscond.
“There is also a possibility that he may be harmed. There is a lot of anger outside, and this is the basis for my request for a pre-bail report so that the probation officer can gather as much information as possible to properly guide the court in determining the most appropriate bail and bond terms,” he added.
However, the prosecution alternatively requested stringent bond terms should the court overrule its application and decide to release the suspect on bond pending trial, considering the nature of the offence and the responsibility placed on the accused as a clinical officer treating a patient at the time of the incident.
Fida lawyers also raised concerns that there was a likelihood of witness interference, given that most of them were the suspect’s colleagues at work.
The suspect, however, pleaded with the court to grant him bail, promising to abide by the bond terms.
“I have responsibilities, so I request this court to grant me cash bail,” he said.
However, the court disagreed with the prosecution, noting that the offence with which Mr Wabwile was charged is bailable despite the state’s opposition.
“I acknowledge that this offence is serious, but it is one that is bailable. The key question that needs to be answered is whether the accused will appear in court when required,” said the magistrate.
According to Mr Ithuku, the allegations that the suspect would be interdicted and might leave the court’s jurisdiction if released should have been presented through a sworn affidavit by the investigating officer or an authorised person.
“Therefore, in the circumstances of this case, I will admit the accused to a bond of Sh500,000 with one surety of a similar amount,” ruled the magistrate.
