Haji wants Waititu to undergo medical test after skipping court
Former Kiambu Governor Ferdinand Waititu.
What you need to know:
- Mr Haji made the application after Mr Waititu failed to turn up in the anti-corruption court yesterday for the third time for a criminal trial of the Sh510 million corruption case.
- The prosecutor also took a swipe on medical documents produced by Mr Waititu’s lawyer John Swaka, saying they were not reliable.
The Director of Public Prosecutions Noordin Haji wants a Nairobi court to order a medical examination on former Kiambu Governor Ferdinand Waititu.
Mr Haji made the application after Mr Waititu failed to turn up in the anti-corruption court yesterday for the third time for a criminal trial of the Sh510 million corruption case.
He wants the court to direct the Kenya Medical Practitioners and Dentist (KMPD) board to appoint three doctors to establish the former county boss’ health condition. The court was told that Mr Waititu was in hospital after contracting Covid-19.
Criminal trial
However, through a team of four State counsels, Mr Haji said there is need to ascertain the medical condition of Mr Waititu as it has affected the criminal trial in which he is charged alongside eight others, including his wife.
Led by State Counsel Victor Mule, the prosecutors said the trial should not be delayed because of Mr Waititu’s absence. They urged the court to allow the case to proceed in his absence. “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,” said Mr Mule.
The prosecutor also took a swipe on medical documents produced by Mr Waititu’s lawyer John Swaka, saying they were not reliable.
Encroachment
“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”.
But Mr Swaka said the health of his client is of paramount importance as well as the court appearance.
He also opposed appointment of KMPD doctors to examine his client, saying the same amounts to encroachment upon Mr Waititu’s privacy as he has his own doctors. The court will give a ruling on October 28.
