Doctor testifies in Wagner case

August 26, 2008 12:00 am

, NAIROBI,  August 26 – A gynaecologist at the Nairobi Women’s hospital on Tuesday told a Nairobi Court that she examined two minors who had gone to the hospital claiming to have been defiled by Java Coffee House Managing Director John Cardon Wagner.

Dr Keta Mukombe, who appeared as the first prosecution witness in the case, told Nairobi Senior Principal Magistrate Teresia Ngugi that she received the two minors on different dates, each alleging that she had been defiled by Wagner in April this year.

Mukombe told the court that the minors, aged 13 and 14, explained to her that they had been sexually assaulted by a white man at a house in Loresho, Nairobi after which they were paid Sh10, 000 and Sh8, 000 respectively for the alleged unprotected act.

“The minor (name withheld) said she had been assaulted by a ‘mzungu’ man (white man) who lives in Loresho,” Mukombe testified.

She claimed that the first girl was brought to the hospital by a local chief, whereas the other came in the company of an unnamed women rights’ group.

While cross-examining her, Wagner’s lawyer, Mohammed Nyaoga, questioned the doctor whether she had verified the claims by the underage girls who she said had sought medical attention after a week.

Nyaoga claimed that the doctor in her report dated June 18, made a ‘legal finding’ instead of a ‘medical finding’ after examination, when she concluded that the girls had been defiled, terming it unprofessional.

“Defilement is not a medical term, it is a legal term.  Why would a professional doctor arrive at such a conclusion?” posed Nyaoga.

The case was adjourned until Monday, when the two minors are expected to testify against Wagner who is out on a Sh400, 000 cash bail after he was charged with defiling the two minors between November last year and June this year.

Wagner’s case was last week consolidated with another in which two women, Judy Nyagithe and Fetha Nyamwera are charged with child prostitution.

The duo is accused of allegedly allowing Wagner custody of the minors, with the intention of having the children sexually abused.  They are out on bail of Sh100, 000 each.

Cholmondeley case set for mid September

In another matter, the High Court has directed lawyers in a murder case facing Naivasha rancher, Tom Cholmondeley, to reconvene in court on September 16 and 17 for final submissions.

Trial Judge Muga Apondi gave the directions when the case came for mention before him on Tuesday.

The lawyers, led by defence counsel Fred Ojiambo, told the judge that they agreed on the dates, in absence of the Director of Public Prosecutions, Keriako Tobiko who was said to have flown to Singapore to attend a prosecutors’ conference.

Cholmondeley is accused of killing stonemason Robert Njoya in his Soysambu ranch in May 2006 and has been in custody since his arrest.


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