A request by a 20-year-old man to withdraw a case in which he is accusing his friend of raping him has been denied.
Henry Nyongesa accused his friend, James Namisi, a peer educator, of intentionally attempting to rape him in a lodging along Thika Road on February 4.
He later moved to court seeking to withdraw the case, claiming his friend was drunk, which was what may have prompted his actions.
“I want to withdraw the case because the accused was drunk and mistook me for his wife,” Nyongesa told the court.
However, the court directed that the matter can only be withdrawn if the Director of Public Prosecutions, Keriako Tobiko, intervenes.
The court heard that the accused had invited Nyongesa for drinks at his place, and it was not long before he got drunk. Namisi is said to have prepared a place for Nyongesa to sleep as it was already late in the night.
He went on drinking, but returned moments later and allegedly attempted to rape his friend as he slept.
Namisi was released on Sh200,000 bond. The case will be heard on June 9.