‘I carried used condom from home’: Medic accused of raping dialysis patient acquitted
Wabwile was accused of unlawfully penetrating the adult patient, identified in the judgment as M.T.K., at Pandya Memorial Hospital.
A former clinical officer at Pandya Memorial Hospital, Dias Juma Wabwile, has been acquitted of charges of raping a dialysis patient in Mombasa, Kenya. The court ruled that the prosecution failed to prove the case beyond reasonable doubt. Wabwile was accused of unlawfully penetrating the patient, identified in court as M.T.K., at the hospital around 5am on January 31, 2025.
The prosecution presented eight witnesses, but none witnessed the alleged assault. The complainant, who was connected to a dialysis machine, died before the hearing began and could not testify. The case was partly based on a used condom recovered from a hospital dustbin. DNA analysis matched the spermatozoa and a male DNA profile to Wabwile's DNA sample.
Wabwile admitted the condom was his, but claimed he had had sex with his wife at home before work and disposed of the used condom at the hospital. His wife supported this account. The court questioned the explanation, particularly the way Wabwile wrapped the condom before carrying it to the hospital. The court also noted that the patient's death left a gap in the evidence that the prosecution could not fill with suspicion alone. Wabwile was acquitted of both charges.
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