The hearing of Former Kiambu Governor Ferdinand Waititu corruption case has yet again failed to kick off-for the third time.
The court was told that the former Kiambu Boss was admitted on October 24.
The prosecution however asked the court allow three independent doctors appointed by KMPD to examine Waititu’s health and prepare a report on his medical report.
The prosecution also told the court the medical report once tabled in court will assist them appropriate applications on bond terms.
“That a team of three appointed by Kenya medical practitioners and dentist board do examine the metal assessment and be filed in court and the purpose is for the court to assess the mental status and for the DPP to make further applications,”court heard
State counsels led by Victor Mule, Joseph Riungu and Faith Mwila further asked the court to allow the case to proceed in the absence of the first accused person-Waititu.
The court head 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
However, lawyer John Sakwa for the Governor opposed the application to have the case proceed with the case without Baba Yao.
He said that Waititu has a right to be present during the hearing of the case.
At the same time, he told the court that it would be infringing on his clients rights to privacy if the doctors are allowed to examine him, yet he has his own private doctors.
“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,”court was told
Court will make its ruling on Wednesday this week.
Earlier the court was forced to adjourn the case after it was told that Waititu had tested positive for COVID-19 .
Last week, when the matter was mentioned, the court was told that Waititu had been placed on bed rest.