Court suspends Anglo-Leasing case against Mwiraria due to ill-health

NAIROBI: Former Finance Minister David Mwiraria has been exempted indefinitely from attending proceedings of the Anglo-leasing case.

Milimani Senior Principal Magistrate Felix Kombo allowed Mwiraria not to attend the trial. Mwiraria's lawyer Kioko Kilukumi said his client is still not fit to stand lengthy a trial.

"My client's condition is chronic and I urge the court to drop charges leveled against him until he fully recovers and ready to stand trial," Kilukumi said.

Principal magistrate Felix Kombo made the decision on Monday after Mwiraria's lawyer Kioko Kilukumi stated that his client was still at Karen Hospital in Nairobi.

"I agree that matter cannot be in court in perpetuity since the first accused cannot endure the proceedings. It is for the interest of justice that the matter proceeds to full hearing as from Wednesday," Mr Kombo said in his brief ruling.

Kombo directed that the cases against other suspects be mentioned for further direction, despite objection by senior assistant DPPs Nicholas Mutuka and Victor Mule.

The prosecutors said Kilukumi had not tabled any new medical documents showing that the former minister was still unwell and cannot stand trial.

Mwiraria pleaded not guilty to the charges from his hospital bed at Karen Hospital in December 2015 after failing, several times to appear in court.

He had pleaded not guilty to seven counts of abuse of office in relation to the scandal that cost the government more than Sh10 billion and was granted Sh1 million personal bond pending the hearing and determination of the case.

It is said that Mwiraria had been admitted at the Karen hospital with an acute chest infection exacerbated by asthma since November 20, 2015.

The former minister was charged alongside businessman Deepak Kamani, his father Chamanlal Kamani and brother Rashmi Kamani and others including Kisii Senator Chris Obure and former Postmaster General Francis Chahonyo.

Others were former PSs Sammy Kyungu (Communication), Joseph Magari (Treasury) and Dave Mwangi (Internal Security) and former head of debt management at the Treasury David Onyonka and former Finance secretary Samuel Bundotich.

Mwiraria resigned from the finance docket in 2006 after he was adversely mentioned in a report on graft by John Githongo.