Hearing of a graft case facing former Nairobi governor Mike Sonko, who is currently in detention aborted, on Wednesday after police failed to produce him at the anti-corruption court in Milimani.
His lawyer Dr John Khaminwa informed Chief Magistrate Douglas Ogoti that Mr Sonko could not attend court as he was admitted to Nairobi Hospital and heavily guarded by police officers from the Anti-Terror Police Unit (ATPU).
“I do not have good news as my client is still admitted to Nairobi Hospital because of cardiac problems, high blood pressure among other conditions,” said Mr Khaminwa.
The lawyer also tabled in court two medical documents from the hospital where Mr Sonko is admitted saying that the doctors have indicated that the condition of the former governor has not yet improved.
He said Mr Sonko was returned to the hospital after his health deteriorated while appearing for a terrorism-related case at Kahawa law courts.
The magistrate is on Thursday expected to rule on whether Mr Sonko will be produced in court in person for the mention of the case.
The graft case was coming for Mr sonko's legal team to inform the court on whether they had obtained all documentary evidence from their former defence lawyers Celcil Miller and George Kethi.
Last week, the magistrate had directed Mr Miller and Mr Kethi to hand in all documentary evidence supplied to them by the prosecution to Mr Sonko’s new legal team.
But Mr Khaminwa, who is now Sonko’s lead counsel, said the directive is yet to be complied with. He sought an adjournment until in the month of April for Mr Sonko to appear in court.
But the prosecutions opposed the request for the adjournment and urged the court to issue an order to have Mr Sonko produced in court as they have not been supplied with the medical documents showing that he is admitted in hospital.
"We have not been shown the medical documents by Mr Sonko and we cannot comment on them. Yesterday he was taken to Kahawa and Kiambu law courts and we wonder why he was not brought before you," said the prosecutions side.
The court heard that even the office of the Director of Public Prosecutions and the Ethics and Anti-corruption commission (EACC), who are complainants in the case, have a right to fair hearing under Article 50 of the constitution.
The prosecution subsequently urged the court to issue a production order through the Officer Commanding Gigiri police Station (OCS) that will ensure Mr Sonko is taken before court.
He said they will only respond to Mr Sonko’s health status once they are served with the medical reports.
In the case, the former governor is accused of demanding Sh10 million bribe from Web Tribe Ltd through ROG Security Limited as an inducement to facilitate payments by the county government.
Web Tribe Ltd had been contracted by the Nairobi County government six years ago to collect revenue.
The governor is said to have committed the offence between January 10 and 19, 2019 within the city.
