A Nairobi Court has directed former Kiambu Governor Ferdinand Waititu to present himself for a medical examination at the Kenyatta National Hospital after he missed three court sessions.
Delivering the ruling on Wednesday, the trial magistrate ordered the Kenya Medical Practitioners and Dentists Board (KMPDB) to appoint a team of three doctors who will examine Waititu.
The magistrate further noted that a sealed medical examination report should be submitted to the court within seven days.
DPP requests for Waititu to be subject to medical examination
The magistrate made the ruling after the Office of the Director of Public Prosecutions on Monday requested for a medical examination to determine the health status of the governor.
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.
“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.
Waititu, his wife Susan Wangari and eight other persons are accused of issuing irregular tenders amounting to Sh580 million.