Man charged with rape seeks case withdrawal after agreement with complainant
By Zipporah Ngwatu, December 22, 2025The defence lawyer representing Isaiah Kaindio Miriti, a man accused of raping Dorothy Mmonji Ayiro on October 28, 2025, now wants the case against his client to be withdrawn.
Kaindio, who is accused of raping Dorothy at the Kenyatta National Hospital (KNH) estate in Kenyatta Golf Course, was charged with rape contrary to section 3(1)(a)(b)(3) of the Sexual Offences Act No. 3 of 2006.
Appearing before Milimani Chief Magistrate Lucas Onyina on Monday, December 22, 2025, Kaindio’s lawyer told the court that he has filed an application for withdrawal of the case after discussing it with the complainant (Dorothy).
“Your honour, we are seeking the withdrawal of this case, and we have filed an application for the withdrawal of the case after discussing it with the complainant,” the defence lawyer told the court.
The court heard that he has handed the withdrawal application to the prosecution, and the prosecution said they need to file an affidavit with the complaint first before proceeding.
According to the charge sheet, on October 28, 2025, Kaindio unlawfully and without the woman’s consent used his manhood to enter her private parts.
“On October 28, 2025, at Kenyatta National Hospital estate in the Kenyatta Golf Course location within Nairobi County, you intentionally and unlawfully caused your penis to penetrate the vagina of Dorothy Mmonji Ayiro without her consent,” the charge sheet read.
Appearing before Magistrate Onyina on December 16, 2025, Isaiah denied raping Dorothy, and a plea of not guilty was entered.
The defence team urged the court to grant Isaiah favourable bond and bail terms, arguing that he has a fixed abode; thus, he is not a flight risk.
Further, the defence noted that the accused is a family man with a wife and children who solely depend on him, adding that his wife is unwell and needs his care.
“Your honour, since the accused was arrested on October 28, 2025, he has been presenting himself to police without fail. We are asking for lenient terms given that the accused person is a family man, has children who depend on him and has a wife who is in court,” the defence team submitted.