The Directorate of Criminal Investigations has been ordered to probe medical documents presented in court by a suspect in the National Youth Service corruption case.
Ms. Ann Ngirita had sought an adjournment of the case yesterday.
Milimani Anti-Corruption Court Magistrate Douglas Ogoti, while declining Ann Ngirita’s application, observed that the suspect had made numerous applications, which Mr Ogoti said he interpreted as “meant to scuttle hearing of the graft case”.
According to Ogoti, the argument by Ms Ngirita’s lawyer contradicted medical sheets she had presented to support her argument that she should be allowed to seek medical attention before the case proceeds.
He observed that the first sheet, allegedly obtained from a Kinangop hospital, showed she went for rehabilitation while the second one indicated that she needed a pelvic scan. A third one, the magistrate said, showed that she had gone for gynecological treatment.
“One medical sheet shows she needs a pelvic scan. Another report from Kinangop reads rehabilitation services. There are 34 accused persons in this case. Any order will affect all of them. If they all make such applications, the case will never proceed,” said Ogoti.
He continued: “The argument by the lawyer differs with the medical sheets. There has been consistent applications which are meant to scuttle the proceedings. An order is hereby made for DCI to investigate the medical reports on their veracity and report to this court within three days.”
In her application, Ngirita told the court that she has been having stomach and spinal cord pain and intended to go to Mater Hospital for a checkup. The magistrate heard that she could not predict how long she would be at the hospital.
The court heard that she had sought medical treatment on October 24 and was to go back for review on November 10.
Ngirita was in court but the magistrate was told that she was still in pain and could not follow the proceedings.
“We ask for adjournment on her behalf so that she can seek medical attention. We are, however, not sure about the period of adjournment as it will depend on the doctor’s observation,” the court heard.
Director of Public Prosecutions Noordin Haji opposed the application, saying the document did not bear a signature.
According to Mr Haji, the first document presented to him emanated from a different hospital from the second one. It was authored by D&L Health Care in Nairobi.
The prosecution also argued that the second document was a medical card from Mediscope clinic situated in Naivasha.
“We have been served with what is termed as medial report. We note there is no doctor signature on the same document. It does not also say which doctor has referred the accused to Mater Hospital,” he argued.
According to the DPP, the report also had a different name - it read Ann Ngirichi and not Ann Ngirita.
The push for adjournment did not end there. Another application was made on account of the fact that the prosecution had introduced three documents midstream, in prejudice of the accused persons.
The first prosecution witness is on the stand and the case continues today.
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