Man accused of HIV/AIDS infection of lady in court

The Director of Public Prosecutions (DPP) has requested a determination of the status of a man charged with knowingly infecting a woman with HIV/AIDS to enable appropriate charges to be filed.

State prosecutor James Gachoka emphasized the importance of extracting samples from the suspect and made the submission before Senior Principal Magistrate Bernard Ochoi at Milimani Law Courts.

“I urge this court to order specimen be extracted from the man (name withheld) for examination at a government laboratory before a proper charge can be preferred,” Gachoka stated.

“The charge against the accused is that of deliberate transmission of HIV contrary to Section 26 (1) of the Sexual Offences Act No.3 of 2006 whose maximum penalty is life imprisonment upon conviction.”

Gachoka mentioned that the police are yet to ascertain the HIV/AIDS status of the accused person and that a report of the accused’s status must be established before a trial date can be allocated.

He highlighted the seriousness of the offense, given that the suspect is accused of infecting the victim with a terminal disease.

Gachoka suggested that once the status of the accused person is known, there are high chances of amending the charge.

Earlier, he applied to have the case heard in camera to protect the integrity and image of the victim, who is also an adult. The magistrate granted the request to protect the victim’s reputation.

The accused person was ordered to be remanded at Industrial Area Prison until February 26, 2024, when the magistrate will decide whether the samples/specimen will be extracted or not.

The accused faces charges of intentionally, knowingly, and willfully having unprotected sex with a woman, knowing he was infected with HIV, between October 5, 2022, and June 30, 2023. The suspect has pleaded not guilty to the charges.