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Aglo leasing case (3)
Director of Public Prosecution Kiriako Tobiko who has been sued alongside Kenyatta National Hospital by a nurse who was suspended from his work over allegation of raping a patient.
Kenyatta National Hospital and the office of the director of public prosecution have been sued by a nurse who was suspended from his work over allegation of raping a patient.
Mr Andrew Khisia Wasike wants the two institutions be compelled to produce professional and psychological evaluation report and be availed to the court.
He seeks an order requiring the officer commanding police station capital Hills to produce report regarding investigation over his arrest over the alleged rape.
Mr Wasike an employee of KNH was arrested on 13 June 2013 and held at the police station where he recorded statement before being released.
The applicant through his lawyer Ilam Lagat told the court that, he under went thorough investigation by the police and was released on bond which was later discharged for lack of evidence to warrant criminal liability against him.
The lawyer told Justice Weldon Korir, that his client was absolved by Nursing Council of Kenya a professional body charged with responsibility qualifying fitness and practice of nurses upon conducting its own investigations.
He said that even KNH whose is the employer also absolved him from the blame after comprehensive investigations by the police and the hospital security, he has since returned to work place.
Mr Lagat said that allegation of rape was widely covered by the media which published the story ascertaining the truthfulness of the claim against him, saying he has since sued them separately for defamation and libel.
He told the judge that in order prove his defamation case he needs the reports held by two institutions
The move to file the petition arises from refusal by KNH and the office of the DPP to give him the report has requested through various communications.
The matter will be heard on September 24.

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