The doctor who allegedly carried out an HIV test on the journalist who has accused Imenti Central MP Gideon Mwiti of raping her, has been arrested by officers from the Special Crimes Unit.
Dr David Mwangi was arrested for running a medical facility, Fig Tree Medical Centre, without the necessary requirements contrary to Cap 253, the section of the law that gives guidelines for the regwistration and operation of medical facilities.
Officers from the Medical Practitioners and Dentist Board and Special Crimes Unit closed down the clinic.
The officers told The Standard on Saturday that the doctor will will be charged in court on Monday.
“He does not have a private practice licence, business permit from the County government of Nairobi and a building permit that could have allowed him to operate a medical facility,” Dr Andrew Were, the chairman of the Inspection and Licencing Committee at the Medical Practitioners and Dentist Board, told The Standard on Saturday.
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Friday, the board interviewed the doctor and established that he has also not renewed his medical practising certificate for 2015.
“The board initiated the investigations after receiving complaints from the public that the doctor was operating without a licence, and that he told his clients that he was a specialist,” Dr Were explained.
“The board will review the information he gave to us, then share it with the public once it is finalised,” Were said.
At the same time, Mwiti who was only recently accused of raping a woman in his Westlands office has rushed to court in a bid to stop his arrest over the allegations.
Mwiti went to court and filed an application seeking anticipatory bail in order to block any attempt by the police to arrest him.
However, High Court Judge Grace Macharia, declined to grant the bail saying the orders if granted, will interfere with the rules of justice.
She denied his plea to deposit Sh150,000 as bail and stated that if arrested, the police will be required to present him to court within the 24 hours stipulated by the law.
The police, she said, have a duty to arrest anyone with an offence, but added that there is a provision in the law stopping arbitrary arrests.
“The orders sought are not deserving. It would not be prudent to stop the police from doing their work,” the judge said.
Mwiti filed the suit in an attempt to stop the Divisional Criminal Investigations Officer, Gigiri Police Station and the Inspector General from arresting him over the allegations.
“The arrest will be based on unfounded and tailored complaints by (named victim) for assaulting her sexually, a fact that has not been conclusively investigated, but has been catapulted by wide media reports,” he told the court.
Through his lawyer John Khaminwa, Mwiti told the court that his arrest would amount to an abuse of the criminal process.
He said the woman he allegedly raped is known to him and is a media consultant who was meeting him to get a contract to market his supermarket in Kangemi.
He denied raping and physically assaulting her, and stated that the accusations have traumatised him given the wide media coverage.
He allegedly assaulted the lady on March 21, after meeting her at the Pizza Garden restaurant in Westlands, Nairobi.
Justice Macharia asked him to serve the parties with the court documents and resume for hearing on April 8.
