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David Mwiraria too sick to face criminal charges, court told

By Fred Makana | December 1st 2015

Former Finance Minister David Mwiraria cannot stand trial as he is suffering from cancer, a court has heard.

Mr Mwiraria's lawyers told the High Court that, on doctors' recommendations, he would only be fit to take plea in a case on Anglo Leasing related contracts once he recovers.

The former minister, through his lawyers Paul Muite and Ebbas Esmail, told High Court Judge Grace Macharia, that doctors appointed by the Director of Public Prosecutions Keriako Tobiko found that he was not fit to stand trial.

"Of the four doctors appointed to establish his sustainability to face a criminal case, only one descended in his opinion while the trio agreed that indeed he was sick and cannot be subjected to criminal proceedings," the court heard.

The lawyers were submitting on an application seeking review of a Magistrates' Court's decision issuing warrants of arrest against Mwiraria.

They said their client cannot recall some events and the law prohibits such a person from being recommended for prosecution.

Mwiraria was taken ill in 2006 before the commencement of the case and he has undergone several medical examinations.

"He is seriously sick and his mobility has been grounded. He cannot pay attention to proceedings taking place for between 30 to 60 minutes," the court was told.

The lawyers asked the court to exercise its supervisory jurisdiction by issuing an order prohibiting his arrest, which was ordered by the Magistrates' Court.

The defence said when the warrant of arrest was issued by the Magistrates' Court, the medical report by three doctors from Kenyatta National Hospital was on file indicating that he was unfit to stand trial.

Mwiraria was to be charged with the Kamani family over a Sh10 billion Anglo Leasing related scandal.

Justice Macharia said he would deliver the ruling on Friday.

Initially, Principal Magistrate Felix Kombo, temporarily stopped the DPP and police from arresting Mwiraria for 10 days to allow him time to be discharged from hospital.

The warrant for his arrest was issued on Monday last week, but his lawyer pleaded with the magistrate to give him time to present Mwiraria in court on Tuesday, the same week.

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