The High Court in Kakamega has stayed orders barring the Director of Public Prosecutions from prosecuting businessman Julius Mwale.
Judge Ruth Sitati also ordered Mr Mwale, who is behind Mwale Medical and Technology City in Butere, to continue reporting at the Directorate of Criminal Investigations offices in Kisumu every Wednesday.
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Mwale failed to appear in court on Tuesday but was represented by his lawyer, Carlestous Shfwoka, who told the court that his client was on bed rest after suffering food poisoning.
Mwale was expected at the hearing of a case he has filed seeking not to be prosecuted over allegations of issuing bad cheques totalling Sh22 million to contractors.
The matter will be mentioned on March 3 before another judge after Sitati withdrew from the case.