The High Court has allowed convict Grace Wakhungu to seek treatment from her personal doctor at the Lang’ata Women’s Prison pending the bail hearing detailing Sh297 million maize scandal.
According to Nation, Wakhungu through her lawyer Paul Muite had requested to see her doctor due to her deteriorating health.
Justice John Onyiego granted the request indicating that the 80-year-old is to be visited by her doctor, Martin Wanyoike.
“Let us not run the danger of her (death) at Lang’ata prison,” he said.
Wakhungu’s plea to seek medical treatment was previously denied on June 22, 2020 until her bail application hearing was heard and determined.
This was despite frantic efforts by the convict’s lawyer arguing that her health was deteriorating.
“My client’s plea is that she be heard early next week if the court can’t hear the matter today because of her state of health. She requests to be examined by a government doctor in the presence of her own doctor,” Muite said during a virtual proceeding.
The plea was however opposed by the State Counsel Alexander Muteti who termed it a fishing expedition and further added that the State would be opposing the bail application.
“The issue of her being unwell never arose at the trial court or during the sentencing. We oppose granting the prayer sought. COVID-19 situation is in and outside the prison. In prison she can be isolated just like in her home,” said Mr Muteti.
On Wednesday last week, the bail application hearing for Wakhungu alongside Sirisia MP John Waluke was postponed for the second time after the Judge failed to get the case file at the Milimani Law Courts.
The judge told the lawyers representing the convicts as well as State counsels that he was not in possession of any documents that were filed for the bail application hearing.
Ultimately, his assistant and the judiciary ICT team were also unable to get any form of the electronic file relating to the case.
“The chief registrar told me the courts will be fumigated for two days and nobody is supposed to be there. The ICT team was also unable to get the electronic file,” he said.
The hearing was being done virtually with Waluke and Wakhungu following through from prison.
Waluke was found guilty on June 22, 2020, in Sh297 million NCPB fraud case alongside Grace Sarapay Wakhungu, and Erad Supplies & General Contracts Limited (Erad); a company where the two are shareholders.