Court Acquits Former Pandya Hospital Clinical Officer of Rape Charges
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A Mombasa court has acquitted Dias Wabwile, a former clinical officer at Pandya Memorial Hospital, of rape and an alternative charge of committing an indecent act with an adult.
According to reports, Chief Magistrate Lucas Onyina ruled that the prosecution had failed to prove the charges against Wabwile beyond a reasonable doubt.
The case arose from an alleged incident involving a dialysis patient at the hospital on January 31, 2025.
Patient’s Testimony Missing as DNA Evidence Links Wabwile to Condom
Dias Wabwile was accused of having sexual intercourse with the patient, identified in court as M.T.K., at around 5 a.m. while she was undergoing dialysis.
He denied the allegations throughout the proceedings. The prosecution called eight witnesses, but none had witnessed the alleged sexual encounter.
However, the complainant died before the trial began and therefore did not appear in court to testify about what happened or whether she had consented.
Following her death, the court said the absence of her testimony was significant because consent could not simply be presumed.
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Despite the absence of the complainant’s testimony, investigators recovered a used condom from a hospital dustbin after receiving information that a condom had allegedly been used during the incident.
Forensic analysis later established that the semen found inside the condom contained Wabwile’s DNA. However, the DNA evidence did not answer the central question before the court on whether the sexual encounter was consensual or amounted to rape.
The prosecution therefore had to rely on the available evidence to establish that Dias Wabwile had engaged in sexual activity with the patient without her consent.
Accused Gives Different Account
Dias Wabwile admitted that the condom belonged to him but denied that it was connected to the alleged incident at the hospital.
He told the court that he had been intimate with his wife at home before reporting to work and had carried the used condom with him before disposing of it at the hospital.
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His wife also testified in court and supported his account. The magistrate, however, found some aspects of Wabwile’s explanation questionable, particularly the circumstances surrounding the discovery of the condom.
The court also considered the patient’s condition at the time of the alleged incident. M.T.K. was undergoing dialysis, and the court noted that removing a patient from the dialysis machine could expose them to serious blood loss.
Although the circumstances surrounding the case raised suspicion about what may have happened, Onyina maintained that suspicion alone could not support a criminal conviction.
On Monday, August 25, Chief Magistrate Lucas Onyina ruled that the prosecution had failed to meet the threshold required for a criminal conviction.
Wabwile was consequently acquitted of both the rape charge and the alternative charge of committing an indecent act with an adult.
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An image showing Pandya memorial hospital where Dias Wabwile was working at before his rape case. Photo/ file