Fake Doctor Mugo wa Wairimu with his lawyer Cliff Ombeta and his wife at Milimani law courts basement cells after he was charged with rape among other 11 counts on Friday September 2, 2015.
BY SAM ALFAN.
Fake Doctor James Mugo Ndichu alias wa Wairimu has been freed on a cash bail of 1million and a bond of 5million.
Nairobi Chief Magistrate Daniel Ogembo released Wa Wairimu after his lawyer Cliff Ombeta made a successful application on Friday seeking the fake doctor to be released on bond.
“There was no compelling reason given by the prosecution to deny the accused bail” said Magistrate.
On Friday Mugo’s lawyer Cliff Ombeta asked the court to admit Mugo to bail saying the charges leveled against him are bailable and he was not flight risk. “The intention of the prosecution and police to continue holding the accused person is not convincing.
Apart from allegations, assumptions and believes which have no basis, the accused person has appeared in court and it is his right to be released on bond,” Ombeta submitted.
Ombeta pleaded with the court to release Mugo adding that he was willing to report at any police station or court as and when required. He said when Mugo was arrested he was taking a cup of coffee and prosecution has not disclosed to the court weather was an arrest warrant issued against him.
“This is hot air unless it supported by tangible evidence and it is our argument that the accused ought to be given bond to enable him prepare for trial,” Ombeta argued.
Ms Nyamosi also told the court that the State was also requesting that he remains in custody for his own safety.
However, State Counsel Jacinta Nyamosi opposed Ombeta’s request and asked the court not release Mugo on grounds that he was a flight risk and he was also likely to interfere with witnesses.
“While the prosecution appreciates that it is the accused’s constitutional rights to be admitted to bail, there are compelling reasons to warrant refusal of bail. He was aware he was a subject of investigations but he went into hiding until he was arrested in Limuru,” Nyamosi told court.
Ms Nyamosi said owing to the nature of crimes Mugo is alleged to have committed and vulnerability of victims it was in the interest of justice that he remains in custody. “The accused is a resident of Nairobi but on September 10 when he was arrested he had checked in at the hotel which is not his place of residence,” Ms Nyamosi argued.
Mugo was arrested at Gitungo Hotel in Limuru after a video, recorded using a hidden camera, was broadcast on TV 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 the media report, the video was taken at the Prestige Health Care Clinic in Githurai 44, which is operated by Mugo.
He appeared in court two weeks ago and police were allowed to continue holding him after the prosecution sought for more time to allow them assess the scene of crime and obtain records from various government agencies.
According to the charge sheet, Mugo was accused that on November 1, 2014 at the Prestige Health Care Clinic in Githurai 44 he administered four tablets of unknown drug to a female patient with intent of overpowering her so as to engage in a sexual activity.
“On diverse dates between November 1 2014 and September6, 2015 at Prestige Health Care Clinic while not registered and licenced as a medical practitioner you falsely used the title ‘Doctor’ by presenting yourself as Dr. Mugo Wa Wairimu to ABC when having not acquired a higher academic doctoral qualification,” Mugo was told in court.
He was also charged with operating the clinic illegally and practicing as a nurse while not registered by Kenya Nursing Council.
Mugo was also accused of operating a pharmacy between June 18 and September 6 at the same clinic without a practicing licence from the Pharmacy and Poisons Board (PPB). He was also accused of stocking and using unvalidated drugs and HIV testing kits without a licence from the Kenya Medical Laboratory Technicians and Technologists Board (KMLTTB).
Mugo faced another count of employing unregistered lab technologist at the said clinic contrary to the law. He further charged of operating an unregistered medical laboratory without a lincence from KMLTTB.
The matter to be heard on 19 of October.