Magistrate directs tests for Waititu after he skips court yet again
Former Kiambu Governor Ferdinand Waititu during a past appearance at the Milimani Law Courts.
What you need to know:
- Senior Principal Magistrate Thomas Nzioki made the order after Mr Waititu failed to show up in court for his Sh510 million corruption case.
- The Director of Public Prosecutions (DPP) sought an order for Mr Waititu’s check-up.
The Anti-Corruption Court has ordered former Kiambu Governor Ferdinand Waititu to present himself at Kenyatta National Hospital for an examination to confirm if he has coronavirus.
Senior Principal Magistrate Thomas Nzioki said Mr Waititu will be examined by three doctors appointed by the Kenya Medical Practitioners and Dentists (KMPD) board.
A doctor of Mr Waititu’s choice will be present during the examination, which should be conducted within three days.
Continued absence
The magistrate made the order after Mr Waititu, said to be admitted to Jumuia Hospital in Nairobi, failed to show up in court for his Sh510 million corruption case.
His continued absence has stalled the case, which started in July 2019.
Waititu’s lawyer John Swaka has been telling the court that his client has Covid-19.
The Director of Public Prosecutions (DPP) expressed doubts and sought an order for Mr Waititu’s check-up.
Allowing the application, the court said examining Mr Waititu’s health is not an infringement of his rights.
“The court needs to determine exactly what is ailing him,” the magistrate said.
Mr Nzioki added that the three documents from Jumuia Hospital tabled in court by Mr Waititu’s lawyer are neither clear on his condition nor comprehensive.
“This court is unable to comprehend the exact condition of the accused,” the magistrate said after perusing the handwritten medical reports and notes.
The DPP wanted the former Kiambu county boss to be tried in absentia, on grounds that “his conduct is making it impossible for the hearing to begin”.
Delaying the case
“His objective is to delay the case. This court cannot be held in abeyance by such conduct,” Mr Victor Mule, the prosecutor, said.
He added that Mr Waititu’s absence has affected the other accused people as they have been attending court.
Mr Swaka asked the magistrate to exempt his client from attending court. However, Mr Nzioki said Mr Waititu has not met that threshold.
He added that for the accused to be exempted, he must demonstrate extreme circumstances.
The magistrate ordered Mr Waititu to present himself in court on Monday.
