PREMIUM Used condom, death and wife’s testimony: How medic escaped rape conviction Dias Juma Wabwile had been charged with rape and committing an indecent act with an adult. News 6 min ago Listen

Article The death of a dialysis patient before she could testify as a complainant in the rape case against a medic at Pandya Memorial Hospital in Mombasa, along with his wife's testimony regarding a condom found at the scene of the alleged incident, helped lead to his acquittal.

His defence, therefore, maintained that the condom recovered at the hospital had been used during Wabwile's sexual encounter with his wife, not the patient.

The court's decision In its analysis, the court acknowledged that the circumstances surrounding the alleged incident raised serious questions, but said the evidence still had to establish that the sexual encounter was unlawful.