The hearing of corruption case against former Kiambu Governor Ferdinand Waititu failed to kick-off for the third time on Monday after the court was told the accused is hospitalised.
Waititu’s lawyer John Swaka told the court that his client was admitted to hospital on October 24.
The prosecution, however, accused the former Kiambu county boss of being disingenuous about his medical condition.
Led by Joseph Riungu Gitonga, the prosecution poked holes in a medical report tabled in court by Waititu’s lawyers and asked the court to allow three independent doctors appointed by the Kenya Medical Practitioners and Dentists Board (KMPD) to examine Waititu’s health to establish whether he is sick as claimed by his attorney.
The prosecution further asked the court to allow the case to proceed in the absence of the first accused person — Waititu.
The prosecution argued that if the case is adjourned for another time it will occasion delay of the hearing of matter for other accused persons adding that Waititu has made it impossible for the proceedings to kick off.
“The conduct of the accused person is meant to delay the hearing of this case, He has not indicated whether there will be a review ….this court can’t be held in abeyance…we also go to hospital and the doctors indicate when we should go back for reviews,’’ Riungu said.
The defence team opposed the request saying Waititu has a right to be present during the hearing of the case.
“This court has to be independent. My client has not failed to come to court …the constitution says that an accused person has a right to be presumed innocent,” the court heard.
The court is expected to deliver a ruling on the prosecution’s application on Wednesday.
Waititu failed to appear in court on August 31 for the hearing of his Sh588 million graft case saying he had tested positive for Covid-19.
All the accused in the graft case including his wife were present in court.
The case was adjourned again last week after the court was told that Waititu had been placed on bed rest.