The Director of Public Prosecution through State counsels prosecuting the case against former Kiambu Governor Ferdinand Waititu, have requested a Nairobi court to order medical examinations against the latter, to ascertain his condition.
This is after Waititu failed to appear in court for the third time in a row citing medical conditions.
Appearing before the court on Monday, Waititu’s lawyers claimed that their client was unable to make it to court as he had been hospitalized after he contracted Covid-19.
The explanation was not well received by the prosecutors who accused Waititu of delaying the case.
State Prosecutors want Waititu subjected to medical examination
The State Counsels now want the magistrate to appoint a team of medical doctors to examine the governor and deliver a report on his medical condition so that the court can rule on the best way forward.
“The conduct of the first accused person (Waititu) is making it impossible for the trial to commence. This is not the first time the hearing is failing to take place. His conduct is meant to delay the hearing of the case. This court can’t be held in abeyance by his conduct.
“The two documents cannot be said to be authored by the hospital (Jumuia Hospital) or a doctor. The source is not known and the author is not ascertained,” said Mr Mule. He urged court to be guided by the “overriding objective of interest of justice,” State Prosecutor Victor Mule said as quoted by Nation.
Reacting to Mr Mule’s request, Waititu’s lawyer urged the court to turn it down on grounds that it will be infringing on his clients right to privacy.
The court is set to give a running on October 28, 2020.