The Director of Public Prosecutions (DPP) is seeking to establish the status of an individual accused of deliberately infecting a woman with HIV/AIDS to ensure appropriate charges are filed. State prosecutor James Gachoka urged Milimani law courts’ senior principal magistrate, Bernard Ochoi, to grant the state’s request for samples from the accused for examination at a government laboratory before determining charges.
Gachoka emphasized the severity of the offense, citing a potential life imprisonment penalty under Section 26 (1) of the Sexual Offences Act No.3 of 2006. He highlighted the necessity of confirming the accused’s HIV/AIDS status, stating that the report must be established before allocating a trial date. Ochoi acknowledged the gravity of the case, considering the deliberate transmission of a terminal disease.
Earlier, Gachoka had applied for the case to be heard in camera to protect the victim’s integrity. Supported by an affidavit from Investigating Officer Ms. Eunice Njagi, the state emphasized the importance of considering the victim’s rights. The victim’s lawyer and the defense lawyer concurred, advocating for the protection of the complainant’s reputation.
Magistrate Ochoi approved the plea for an in-camera hearing, stating it aims to safeguard the victim. The accused was remanded at Industrial Area Prison until February 26, 2024, when a decision on extracting samples/specimen will be made.
The accused faces charges for intentionally engaging in unprotected sex with a woman, knowing he was infected with HIV, between October 5, 2022, and June 30, 2023. He denied the charge and remains in custody until February 26, 2024, for further directions.
