Gigiri OCS has been ordered to appear before a Nairobi court to explain why he refused to allow Nandi Senator Samson Cherargei to get a medical check-up.
Cherargei, who was arrested last week on Thursday for missing his April 19 hearing, said he was ill.
The legislator’s counsel admitted to having misled their client about attending court when the matter was brought before the court on Monday.
The lawyer appealed for pardon.
They also questioned why the OCS failed to comply with a court order issued on Friday for the Senator’s medical examination.
“Your honour we are very sorry for misleading our client on appearing in court and we ask that you don’t take it on him. He was sick and the OCS failed to have him checked after being detained. Kindly reinstate his bail terms,” the lawyers argued.
Cherargei was sick, according to his lawyers, and was treated on April 18. He was given seven days to rest and was scheduled for a check up on April 25.
The prosecution, on the other hand, argued that Cherargei’s bail should be forfeited because the medical documents are suspect.
Alexander Muteti, a senior state attorney, asked the court to review the medical documents that had been provided.
“There is something peculiar with the document that cannot tell what the accused was being attended to and by which doctor and what time,” Muteti said.
“There was no text or phone call to us informing us on the same. The conduct is more suspicious and cannot be relied on,” he added.
His bail ruling has been set for 2 pm.