Nairobi — Embattled former Kiambu Governor Ferdinard Waititu, has suffered a setback after the court declined to exclude him from attending the hearing of his corruption case on medical grounds.
The trial Magistrate Thomas Nzioki, instead directed that Waititu presents himself to Kenyatta National Hospital within three days for medical examination by three independent medical doctors to be appointed by the Medical and Dentist Board.
The doctors will examine him in the presence of his personal doctor.
"A sealed medical report should be presented to court, since the court is unable to comprehend his illness," the magistrate ruled.
There has been several adjournments of the case after his lawyers indicated that he was unwell.
The trial magistrate agreed with the prosecution through senior deputy director of prosecution Victor Mulee and Joseph Iriungu, that no sufficient medical document had been availed to court to support his application for adjournment.
The prosecutors pointed to the court that Waititu had sought several adjournments claiming that he was suffering from COVID-19 but no known medical report was provided.
The court further heard that besides the accused seeking adjournment, he also wants to be excluded from the trial.
The magistrate, in his finding, said the accused must demonstrate extreme circumstances to enable the court opt such person from the trial.
"Waititu is the first accused person who must attend his case. He can not be omitted from the hearing which in case should have started a long time," the court said.
He is charged alongside his wife and eight procurement officers from the County for an offense of abuse of office where the county is said to have lost over Sh500 million money meant for the construction of a road network within the County.