A Nairobi court Monday directed the police to investigate medical documents filed by Ann Wanjiku Wambere Ngirita, one of the suspects implicated in the National Youth Service (NYS) scandal, as she sought for the adjournment of the trial.
In a ruling, chief magistrate Douglas Ogoti declined to adjourn the case to allow Ms Ngirita to seek treatment, and instead said the Director of Criminal Investigations should determine the authenticity of the documents and file a report in court in three days.
Ms Ngirita, whose company Annwaw is accused of receiving millions for goods not delivered, pleaded with the court to adjourn the case saying she was unwell. Through lawyer Migos Ogamba, she said she has a stomach as well as spinal problem, which would not allow her sit for long hours.
The lawyer said she only came to court with the intention of seeking the adjournment, otherwise the pain was unbearable. To support her claim, she tabled medical reports from a clinic she attended in Naivasha and another one in Kinangop. Mr Ogamba said one of the reports was referring her to Mater Hospital for further examination.
Other lawyers supported her application saying medical condition should be treated seriously.
The prosecution, however, disputed the documents saying some were not signed and do not indicate which doctor made the referral.
Mr Ogoti agreed with the prosecution saying some documents were not supporting the claims she was making and declined to adjourn the matter. According to the Magistrate, the move was one of the many applications, made by the defence, to scuttle to trial.
At the same time, the defence lawyers accused the prosecution of introducing evidence in bits, denying the accused persons their right to fair trial. Lawyer Stephen Ligunya said the prosecution had referred to some documents, which had not been tabled, yet it had not been disclosed to the defence during the pre-trial.
The accused persons in the current case include former Public Service and Youth Affairs PS Lilian Omollo, former NYS Director General Richard Ndubai and 28 others former civil servants.
Other Ngirita family members include their mother Lucy Wambui, her daughter Phylis Njeri, and son Jerimiah Gichini who are allegedly to have fraudulently received Sh226.9 million from NYS.
Through their companies Ngiwaco, Njewanga, Jerrycathy Enterprises and Annwaw, the prosecution alleges they received millions for goods not supplied.
The hearing continues.