Court declines woman’s plea to withdraw case against man who drugged, raped her
A Makadara magistrate turned down an application by a 22-year-old woman to withdraw rape charges against a security guard who drugged and allegedly raped her inside his house.
Senior Resident Magistrate Lewis Gatheru told the woman that she can not withdraw the case without explaining her reasons to the office of the Director of Public Prosecutions, because there are public interests in the matter.
The woman wanted to withdraw the case before the suspect was charged but Mr Gatheru declined.
The security guard is facing charges of raping the woman inside his house in Soweto Estate within Embakasi East in Nairobi, contrary to section 3 (1) (a) (c) of the sexual offences Act (SOA) of 2006.
Mr Fidelis Moddy was charged with raping the victim on February 18, 2023 after luring her to his house with a promise of a job.
The accused is also facing a charge of committing an indecent act with an adult contrary to section 11 (a) of the SOA of 2006.
The said date, the woman received a call from the suspect around 4am. The accused person told her to go to his house before 6am as there was a job she needed to apply for immediately. She arrived at the house as agreed and was given forms to fill for a job.
After she had filled the forms, Mr Moddy then prepared and served her tea. The victim told the police that she started feeling dizzy while taking the tea and later lost consciousness.
She later regained consciousness around 10am when she found herself on the suspect’s bed half naked. She dressed up and left the house and proceeded to her house in the same neighbourhood. The victim later sought medication and reported the matter to the police.
Mr Moddy denied the charges and was granted a bond of Sh200,000. The case will be mentioned on March 14, 2023 before hearing starts on June 26, 2023.