The police do not have sufficient evidence to press rape charges against Mugo wa Wairimu.
Head of Serious Crimes Unit John Kariuki last evening appealed to the victims to report to the CID headquarters on Kiambu Road in Nairobi.
“Please come forward so we can get the evidence required in law,” he said.
“We are at the risk of having no evidence to charge the suspect in court.”
Mathari Hospital psychiatrist J Kisivuli yesterday said Wairimu is mentally sound and fit to face police investigations and possibly trial.
The suspect was taken to the hospital for examination on Monday.
Kariuki said none of the women who spoke to the media claiming to have been raped at the clinic have recorded statements, so police are in a dilemma.
Investigators yesterday visited the Prestige Clinic in Githurai 44 to gather more evidence.
The visit aimed to compare the clinic’s facilities with the images captured on camera of a man sedating and raping his patients.
Police interrogated Wairimu but are yet to formally record his statement.
He was to record statements by last evening after the doctors certified he is mentally okay. Kariuki said only two victims – a woman whose title deed the doctor is said to have confiscated over unpaid bills and another woman who claims to have been sedated – have spoken out.
The second victim (name withheld) said she was sedated but does not recall being raped by Wairimu.
If the evidence against him is insufficient, police can only press charges of indecently assaulting his patients.
The maximum jail term for this offence is one year.
Rape cases require forensic investigations so police can prove beyond reasonable doubt to secure a conviction.
Someone here said this would happen he he anyway I have watched every episode of “The practice” and one thing I learnt is that defensive attorneys/ lawyers have a very easy time beating a rape charge. Even the presence of a victim and semen samples can still be beaten.
If Moses Kuria, who incidentally is his friend can escape incitement charges even after being caught on camera inciting his constituents, did you expect anything more to happen to Mugo. And if you read the story in the Sunday Nation about the rot in the Judiciary which apparently Mutunga is unable to stop, then you should not expect too much from the courts.