Henry Nyongesa in court

A man has had his request to withdraw a case in which he is accusing his friend of raping him denied.

Henry Nyongesa accused his friend, James Namisi who is a peer educator, of attempting to rape him in a lodging along Thika Road on February 4.

He later moved to court to seek a withdrawal of the case claiming his friend was drunk when the incident happened.

“I want to withdraw the case because the accused was drunk and mistook me for his wife,” Nyongesa told the court.

The court heard that Mr Namisi had invited Mr Nyongesa for drinks at his place when he got drunk.

The accused then prepared a place for Nyongesa to sleep as it was already late in the night.

Namisi continued drinking but returned moments later and allegedly attempted to rape his friend as he slept.

The court directed that the matter can only be withdrawn if the Director of Public Prosecutions, Keriako Tobiko, intervenes.

Namisi was released on Sh200,000 bond. The case will be heard on June 9.