A Nairobi court has found James Mugo Ndichu alias Mugo wa Wairimu guilty of operating an illegal medical facility and administering unknown drugs to a woman patient.
In a judgement delivered by Milimani Chief Magistrate Wendy Micheni on Thursday, November 17, 2022, convicted Mugo on 10 counts after finding that the prosecution had proved beyond reasonable doubt that he committed the offences.
She however acquitted Mugo of two counts of raping a woman patient and unlawfully hiring two students to work with him at his clinic as laboratory technicians or technologists for lack of evidence.
The quack doctor had been accused of raping a woman patient at Prestige Healthcare Clinic in Githurai 44 on November 1 2014, by allegedly administering four tablets of an unknown drug to her with intention of overpowering her to engage in sexual activity among other charges.
On these two counts, the magistrate found that the prosecution failed to prove each of them beyond a reasonable doubt.
"I accordingly acquit the accused person for lack of evidence," Magistrate Micheni ruled.
The court found Mugo guilty of stocking and using in his clinic unvalidated laboratory reagents namely allumin assay kit, Diagnostic sensitivity discs, HCG strips, Diagnostic kit for HIV(1 and 2)antibody, Salmonella antigen rapid test device, Antistreptolysin "O"(ASO)latex kit among others.
He has also been convicted of being in possession of and using an irradiating device without a licence from the Radiation Protection Board.
"I find the accused person guilty of operating a medical facility namely Prestige Health Care in Githurai 44 Estate in Nairobi and practising nursing without registration and licence by the Medical Practitioners and Dentists Board between November 1, 2014, and September 5, 2015, and convict him accordingly," the Magistrate stated.
The court also found that the prosecution had proved that the accused person illegally used the title "Dr Mugo Wa Wairimu" to his victims when not having acquired a higher academic doctoral qualification.
Prosecuting, senior state counsel Anderson Gikunda told the court that Mugo has a previous conviction and he is serving an 11-year sentence for different charges of operating unlicensed medical facilities including Milan Health International Limited, Kayole in 2018.
Mugo is still serving the sentence after failing to raise Ksh 1.4 million fine imposed on him by another court for unlawfully practising medicine.
However, the magistrate ordered the case to be mentioned on Monday, November 21, when she will deliver the sentence.
Earlier, In his final submissions, Mugo had asked the magistrate to acquit him, saying he had never met the said woman whom she was alleged to have raped.
"Your honour, I do not know the victim in the case against me, I had offered to submit myself for a DNA test, but my request was ignored,” Mugo told the court.
“I have never used an alias name Mugo Wairimu, I consider the alias an insult."
He submitted that he had never supplied anything to any facility known as Prestige Healthcare and had never bought or possessed any irradiating device as alleged by the prosecution.
"The evidence adduced in court over the past seven years was entirely false, the prosecution has failed to prove the charges against me," Mugo said.
Mugo who was charged in 2015 with the rape of a woman patient and 11 other counts of operating unregistered clinics, denied ever using the alias Mugo wa Wairimu to operate any medical facility and produced an unsworn statement in a bid to clear his name.
Before his arrest, Mugo's mission to buy a T-Shirt led to his arrest by the then Flying Squad officers.
The officers pounced on Mugo outside Utalii House after being on the run for close to a week after the alleged offences.
According to the prosecution, Mugo went into hiding on November 7, 2015, after officials from the Medical Practitioners and Dentists Board raided the Kayole clinic, where he was alleged to have been procuring abortions. The clinic had no licences.
Soon after he disappeared, senior DCI commanders piled pressure on Flying Squad chiefs Musa Yego and John Njoroge to have him arrested. Yego turned the heat on his officers. He deployed them in various houses in the city where police suspected Mugo had been hiding.