Doctor James Mugo Ndichu has been acquitted of the offence of rape.
Magistrate Micheni Wendy said the offence of rape against Doctor Mugo could not stand in any court of law as the prosecution did not prove the three main ingredients of rape.
According to Magistrate Micheni Wendy, the court required oral evidence from the alleged victim, sufficient circumstantial evidence, and a DNA samples test that was never provided in court by the prosecution.
Mugo was also acquitted of the offence of employing an unregistered Laboratory Technician.
However, the court convicted him on the count of administering four tablets of an unknown drug to a woman with the intention of overpowering her so as to engage in sexual activity with her.
The magistrate said that the victim positively identified Mugo as her assailant.
The prosecution informed the court that Mugo was a serial offender as he was convicted in 2020 of similar offences and hence custodial sentence was necessary.
Mugo in mitigation pleaded to be given time to avail his medical documents supporting his mitigation in search for a lenient sentence.
The court allowed his application and adjourned the case to November 21, 2022 for mitigation and sentencing.
