Court has ordered impeached Kiambu county Governor Ferdinand Waititu to present himself at Kenyatta National Hospital (KNH) for medical examination after the prosecution questioned his medical documents.
Trial magistrate Thomas Nzioki also dismissed Waititu’s application to have the matter adjourned until he recovers and directed him to appear in court in person on 2nd November 2020.
The court declined the application by the DPP to have the matter proceed against his wife Susan Wangari and Co-accused persons in his absence saying Waititu is facing serious charges which needs his presence in court.
Magistrate Nzioki ordered that embattled lawmaker be examined by three independent doctors appointed by the Kenya Medical Practitioners and Dentists Board in the presence of a doctor of his choice for the court to establish the illness he is suffering from.
“I have carefully perused the three medical reports tabled in court by Waititu and this court is unable to comprehend the sickness he is suffering from. I direct that Waititu will be examined by the three doctors in the presence of the doctor of his choice,” ruled the magistrate.
The court directed the orders be served upon KNH, KMPDU and Jumuia hospital in Huruma where Waititu is alleged to be admitted and a sealed medical report from the three independent doctors to be filed in court within three days.
The DPP had earlier urged the court to order a mental assessment against Waititu saying he intends to have his bail cancelled for his conduct of failing to appear for the hearing of his Sh 588 million graft case for the second time.
“Waititu’s failure to appear in court has made it impossible for this case to proceed and we urge a team of independent practitioners do examine him and the mental assessment report filed in court for purposes of the court to assess his mental status as we intend to make an application to have his bail cancelled,” said Mule.
His lawyer John Swaka had told the court that his client had been unwell. He added that Waititu went for check up on 24th October and was referred to the High dependency Unit (HDU) for admission at Jumuia Hospital following a recommendation by his personal doctor, therefore is unable to proceed with the case. A move seen by the DPP as a tactic to delay the case.
Swaka opposed the request to have Waititu undergo a mental assessment saying that the same will infringe his rights as he has personal doctors.
Waititu was charged in July 2019 with abuse of office, conflict of interest, dealing with suspect property, money laundering and fraud. Saika Two Estate Developers Limited, a firm owned by Waititu and his wife Susan Wangari, is said to have received more than Sh 25 million from Testimony Enterprises Limited Contractor, a firm contracted by the county government to develop roads through an irregular tendering process.
Waititu was later impeached by the Kiambu County Assembly, a verdict that was upheld by the Senate in January 2020.