A court has ordered that ailing former Nairobi governor Mike Sonko be examined by three doctors at Kenyatta National Hospital then file a report about his condition on March 1.
At the same time, anti-corruption court chief magistrate Douglas Ogoti ordered the investigating officer in the Sh10 million graft case against Mr Sonko to produce him in court on March 4 to receive directions regarding his trial. However, Mr Ogoti declined to issue of a warrant of arrest against Mr Sonko for failing to attend court yesterday.
The plea by state prosecutor Taib Ali Taib to have Mr Sonko arrested from Nairobi Hospital sparked a severe clash between him and defence lawyers John Khaminwa, Assa Nyakundi and Wilfred Nyamu who “wondered whether the state can arrest a suspect in their custody.” Dr Khaminwa produced a detailed medical report from Nairobi Hospital which was handed to him by a state prosecutor at the Kahawa Law Courts on Tuesday stating Mr Sonko’s health condition.
The Kahawa court ordered Mr Sonko to continue receiving treatment at Nairobi Hospital where he has been for over two weeks now. But Mr Taib poked holes in the report saying it did state that Sonko cannot attend court.
“This report only states that Sonko is overweight, bipolar, can’t sleep, is allergic etc,” Mr Taib stated.
The disclosures from the medical report elicited a protest from the Sonko team of lawyers who said “ones medical condition should not be made public.”
However the magistrate ruled that the trial was in public then allowed Mr Taib to continue reading the report. Mr Taib applied to have a warrant against Mr Sonko issued, alleging he is one “who initiated his admission to Nairobi Hospital.”
Further, Mr Taibu alleged that the hospitalisation “was (part of) Mr Sonko’s shenanigans to delay the hearing of the graft case against him.” But Dr Khaminwa, Mr Nyakundi and Mr Nyamu, who made separate submissions regarding the position taken by the state regarding Mr Sonko’s cases and his health.
Dr Khaminwa applied to have the case against the former governor adjourned to enable him recuperate. “Sonko is sick and admitted to hospital. He is in the hands of the Anti-Terrorism Police Unit Officers-ATPU-This is unheard off,“ said Dr Khaminwa.
He protested allegations about the defence team integrity following a claim by Taib that they picked the medical report from their files.
Mr Nyakundi submitted that Mr Ogoti’s orders that Mr Sonko be detained at Gigiri Police Station were flouted by police who dashed to Kahawa law courts.
In his ruling, Mr Ogoti directed that Mr Sonko be escorted to KNH February 19 for examination by three doctors who will file their findings on or before March 1. The investigating officer was directed to produce Mr Sonko to receive a ruling in the application he filed seeking the recusal of Mr Ogoti in the case plus two others by the DPP.
Mr Sonko was detained after being charged before a Kiambu court over invasion into private property and assaulting six people. He was later arrested and detained over terrorism allegations.
