The Anti-Corruption Court will give a ruling on whether three independent medical doctors from the Kenya Medical Practitioners and Dentists Board will examine former Kiambu Governor Ferdinand Waititu to establish whether he is sick as claimed by his lawyer.
This was after the prosecution through Joseph Riungu Gitonga made an application accusing Waititu of being disingenuous about his medical condition.
Waititu's lawyer, John Swaka, asked the court to adjourn the corruption case against the former Kiambu County boss, saying that his client is unwell and admitted to hospital.
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But the prosecution cast doubt on the medical record produced in court, saying the names of doctors indicated are not authentic.
The prosecution team said that it will meet the cost of the doctors to examine whether Waititu is lying to the court.
In defense, Swaka told Magistrate Thomas Nzioki that nothing prevents the prosecution from investigating the authenticity of the documents before court.
"When Waititu was suffering from Covid-19 the court ordered the documents to be investigated and indeed a report was filed in court," said Swaka
"Waititu has been placed under bed rest. We hoped for an improvement by today. He went for further review on October 24, and the doctors ordered him to be admitted," said the lawyer
The prosecution also made another application to proceed in the absence of the accused, a move Waititu's lawyer objected saying it's the right of the accused to attend the proceedings.
The impeached governor, his wife, and other county officials are facing corruption-related charges over Sh588 million irregular procurement.
Waititu in August told the court he tested positive for Covid-19, prompting the court to adjourn the matter.
On Wednesday, the former Kiambu County chief told the court he is still ill.
His record card from the medical center indicates that when he returned on October 17 for review he complained of chest pains, headache, and dizziness.
Magistrate Nzioki will give his ruling on Wednesday, Oct 28, 2020.
