Doctors strike stalls defilement, rape cases
The ongoing doctor’s strike has not only affected patients across the country but also the courts where the doctors are expected to give their evidence-in-chief.
Most of the cases related to defilement and rape where doctors were expected to give professional testimonies in North Rift courts have been adjourned indefinitely.
There was drama at Eldoret Law Court when a man accused of defiling a minor protested bitterly over the postponement of his case for the fourth time in a row last week.
The suspect who is out on bond was disappointed when told by the court clerk that the hearing of his defilement case will not proceed due to the absence of a government doctor who examined the victim.
The matter was before Eldoret Resident Magistrate Rodgers Otieno who adjourned his case due to the absence of a doctor to testify in the case.
“The remaining person who was to testify in my case was to be a doctor and now my case has been adjourned for the fourth time due to absence of a doctor who examined the victim,” said the 34-year-old man.
The said doctor is among scores of medics across the country who have downed their tools as they demand for the implementation of the Collective Bargain Agreement (CBA) deal by the government.
In the same court, another case where a minor charged with defilement was to undergo age assessment before taking plea was adjourned due to lack of report from a doctor.
The doctor who had been summoned to appear before the Magistrate to table his report failed to turn up.
This forced the court to adjourn the matter to April 24 awaiting an age assessment report.
The Magistrate raised concern over the matter saying that since the beginning of the doctors’ strike, majority of cases where they were expected to either testify or conduct age assessment is being
adjourned.
“It is apparent that the doctors strike is also affecting justice delivery and as our clients you are forced to bear with the situation. It is beyond our control as the court,” said Otieno while conducting
open court cases in court.
Similar sentiments were shared by state counsel Meshack Rop.
“This is a challenge beyond our control. I hope litigants will bear with us,” said Rop.
Majority of the cases which have been affected by the industrial action staged by the doctors include sexual offences, murder and assault where doctors are involved to give professional testimonies.
The same situation is affecting examination of victims of sexual offences in hospitals since there are no doctors to do so, making it difficult for detectives to compile investigation reports on such cases before being taken to court.
Last year, Moi Teaching and Referral Hospital (MTRH) reported that more than 400 cases related to sexual offences are being attended to at the
facility per month.
The then hospital Chief Executive Officer (CEO) Dr Wilson Aruasa said majority of the cases were rape and defilement.