A Mombasa court has acquitted a clinical officer who had been accused of sexually assaulting a woman while she was undergoing dialysis at Pandya Memorial Hospital, citing insufficient evidence to sustain a conviction.

Dias Juma Wabwile had faced a rape charge and an alternative charge of committing an indecent act against the patient, identified as M.T.K., following an alleged incident at around 5am on January 31, 2025.

Wabwile denied the allegations throughout the trial.

The prosecution called eight witnesses in an effort to prove its case. However, the court was faced with a significant evidentiary gap because the complainant had died before the trial began and was therefore unable to testify.

As a result, M.T.K. never appeared before the court to give her account of the alleged encounter or clarify whether the sexual activity had been consensual.

DNA Linked Clinical Officer to Condom

Investigators recovered a used condom from a dustbin at the hospital after a witness was reportedly informed that a condom had been used during the alleged encounter.

The condom was subjected to forensic analysis, with testing establishing that the semen recovered from it contained Wabwile’s DNA.

However, the DNA evidence only established a link between Wabwile and the sexual activity. It did not, on its own, determine whether the encounter was consensual or amounted to rape.

The court therefore found that the prosecution had not provided sufficient evidence to prove the offence beyond the required legal threshold.

Wabwile was consequently freed after the court concluded that the available evidence could not support a conviction.