The Anti-Corruption Court on Wednesday issued a new order to have Nairobi Governor Mike Sonko produced in court on Thursday for the hearing of his Sh14.1 million graft case.
Trial magistrate Peter Aoko issued the fresh orders noting that the medical report availed in court by his lawyers led by John Khaminwa does not indicate what kind of illness Sonko suffers from.
"Having carefully gone through Sonko's medical report on record, l do note that it has not been mentioned anywhere that he is unable to attend this court though unwell. At the same time, it is not captured in the medical report that he is suffering from any ailment that would make him unfit to stand trial," ruled the magistrate.
Further, the magistrate said that the medical report neither revealed that Sonko is unable to attend court nor prohibited by doctors to attend his hearing.
The court observed that Sonko did not give a clear explanation on why he skipped the hearing of his graft case in which he is accused of Sh14 million corruption.
The orders came after Anti-Terrorism Police Until (ATPU) on Tuesday informed the court they were unable to comply with the orders issued on Monday to avail Sonko in court for the hearing of his graft case.
ATPU, through its deputy OCS Ezekiel Lulei, told the court that they were unable to produce Sonko since there is an existing order from Kahawa Law Courts barring them from interrogating or removing Sonko from the hospital.
But the DPP urged the court to issue fresh orders to have Sonko produced in court, saying that the orders being referred to by the ATPU had elapsed on Friday, February 26, 2021 and the same had not been extended by the said court.
However, his lawyers John Khaminwa and Alfred Nyamu, insisted to the court that their client is still ill and cannot attend proceedings as he is scheduled to undergo a hip operation in South Africa.
"What we can confirm is that Sonko is still unwell. The doctors have confirmed that he has hypertension, cardiological issues and he needs to undergo hip surgery in South Africa," said Khaminwa.
Khaminwa sought two months to have his client recover and seek further instructions on the cases after Sonko fired his former legal team.
"The court will be sailing in dangerous waters if a person who is in hospital and still receiving treatment should be produced in court," said Khaminwa.
But Sonko's co-accused persons were opposed to the application to have the case adjourned for two months, saying they do not see any reason why the earlier production order was not complied with.
"Any delay will be prejudicial to us. We are not a lesser party in this proceedings," they said.
In this case, Sonko is facing corruption charges involving a Sh14.1 million tender for heavy equipment.
He is charged alongside Fredrick Odhiambo trading as Yiro Enterprises, ROG Security Limited and its director Antony Otieno Ombok alias Jamal.
They have all denied charges of conspiracy to commit an offense of corruption, conflict of interest, money laundering, and acquisition of proceeds of crime.
It is alleged that the former governor in December 2018, received an indirect private interest of Sh8.4 million from Fred Odhoiambo in a contract connected with the county over the hiring of heavy equipment.
ROG security and its director Jamal were accused of unlawfully receiving Sh14 million through Equity Bank from Fred Odhiambo.
The money was in respect of a contract for hiring heavy equipment.
ROG is accused of having received it while knowing it formed proceeds of crime.
The embattled ex-governor is expected at the Kahawa Law Courts on Wednesday, March 3, for the hearing of an application by the ATPU in which they are seeking to hold him for 30 days as they investigate his alleged terror links.
He is also expected to attend court proceedings before the Anti-Corruption Court on March 4.
