The Nairobi Hospital [PHOTO/amazonaws.com]
A rape victim has sued the Nairobi Hospital on grounds that the hospital lost crucial medical evidence in the victim's rape case.
According to 29-year-old woman named DNN, the evidence was of vital importance to her case and would have ensured the court nabs the perpetrator.
She now wants the health facility to compensate her after the medic who attended to her allegedly told her that the swab sample collected got lost.
"The plaintiff inquired from the defendant's agents about the missing high vaginal swab test and was informed the sample was lost. This was so heart-breaking to me as I had heavily relied on the hospital to preserve the evidence," read the papers filed by Musyimi and Company Advocates.
DNN's family was attacked by a gang in 2014 in an incident that saw family members tortured and two dogs killed.
The armed gang of three began by breaking the hands of her parents before raping her.
In their response, Nairobi Hospital admitted that the specimen evidence got lost but said the loss was accidental.
"The loss of the plaintiff's specimen was purely accidental and not as a result of negligence or default on the part of the defendant. The defendant at all times exercised reasonable skill and care while treating the plaintiff," said the hospital.
The hospital further said there was no breach of contract and that it would therefore not take the liability.
"Save as is expressly admitted, the defendant denies every allegation in the plaint," read the reply.
The hospital's senior gynaecologist Diana Ondieki denied that the victim being informed that the test was to be used for identifying the perpetrator, adding that the swabs were to be used for identification only if there were sperms and not for DNA.
"The defendant does not have a DNA testing machine and cannot promise to conduct tests without the necessary equipment," added Dr Ondieki.