Court issues warrant of arrest against former Finance minister David Mwiraria over Anglo Leasing
By Peace Loise Mbae
| November 23rd 2015
A warrant of arrest has been issued against former Finance minister David Mwiraria for failing to appear in court over Anglo Leasing graft allegations.
The magistrate's court issued the order after Mwiraria, who has been ailing, failed to avail himself for purposes of taking plea even after a doctor's report that was tabled in court in September showed he was fit to stand trial.
"We want to see the accused in court in person even if it means him being brought in an ambulance. If it is proven he is really unable to come we will go see him in hospital. That is how serious we are with this case," Principal Magistrate Mr Felix Kombo said.
The court said this amidst claims by the Mwiraria's lawyer Ishmael Abbas that he had been admitted at Karen Hospital over the weekend.
Mr Abbas had asked the court to look at the medical report before giving any directions.
"Your honour the report before you clearly indicates the health condition of my client. It says he cannot sit for a session above 30 to 60 minutes," he said.
However, Mr Kombo said the court would not review the report since it had been presented in September and did not include the current situation of Mwiraria.
"Mr Ishmael had not been able to provide any documents to prove that the health of Hon Mwiraria has escalated to the worse after the tabled report," he said.
The lawyer sought a review of the ruling to give him time to bring the medical reports but the court asked him to present the documents today when the case would be mentioned.
Mr Kombo said the warrant issued would be for one day to ensure Mwiraria is presented in court or a reason is given on why he cannot do so.
Lawyer Ahmednasir Abdullahi representing the other accused persons told the court that Mwiraria's absence had delayed the case therefore punishing those who had already taken plea.
"Your honour we cannot continue postponing the hearing date because of the first accused. It is unfair for accused persons who have been present in court since March," he said.
Abdullahi said the Director of Public Prosecution was giving mere excuses which had delayed trial of the case.
The court scheduled hearing dates for those who took plea for February 22 to 26 next year.
Mwiraria was summoned in September and was to appear in court on October 23 after the DPP Keriako Tobiko said Mwiraria should answer to the charges because medical reports showed he was fit.
In March, he failed to appear in court on grounds of ill health for the second time and was given 90 days to recuperate.
Mwiraria is charged with four counts of conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
He is also accused of engaging in a project without prior planning and allowing irregular financing of a project intended to upgrade police and other security systems dubbed E-Cops worth Sh6.08 billion.
He faces separate charges alongside 13 other individuals for their role in the Anglo Leasing scam.
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