The High court has adjourned to Wednesday, a ruling on whether former Nairobi Governor Mike Sonko will be produced in court.
The former Nairobi County boss was to appear in court in relation to a Kshs. 10m graft related charge.
The former county boss is accused of demanding the bribe from Web Tribe Ltd to facilitate payments to the company by the Nairobi County Government.
He allegedly demanded the benefit from the company, which operates JamboPay, between January 10 and 19, 2019.
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Sonko has endured some dramatic few days, in and out of court as he battles charges ranging from alleged terror to corruption.
Sonko through his legal counsel had written to the Milimani law courts stating that he is unable to attend court proceedings as he is still sick.
The anti-corruption court had earlier given him 48 hours to appear in court and confirm whether his lawyers complied with a court directive to hand over all documentary evidence to the new legal team after firing his team of advocates.
Lawyers John Khaminwa, Assa Nyakundi and Wilfred Nyamu are representing him.
His lead lawyer Khaminwa in a letter to Milimani Law courts said his client was sick and could not attend court adding that he will produce relevant medical report and also seek an adjournment of the case, a move that was disputed by the ODPP.
“Our Client Governor Sonko is still sick and according to hospital authorities, he cannot attend Court. In the circumstances, we shall be making an application for an adjournment as there is a Court of Appeal authority to the effect that in Criminal matters as far as possible the accused should be in attendance in Court. Needless to mention, that it is with regret that this has to be done. We shall place the relevant Medical report before the Court” the letter to the executive office of the anti-corruption court in Milimani law courts and signed by Khaminwa court reads.
Today (Thursday) the former Nairobi County Governor wrote a letter to the court, saying he is currently indisposed and will not be honoring any summons to appear until he gets better.
Sonko who recently lost grip of City Hall has in the meantime filed a notice of motion asking the court to vacate orders issued on the 25th January 2021 freezing the running time within which to hold a gubernatorial election to avoid a constitutional crisis.
On Tuesday Sonko was given a reprieve after a Kiambu court released on Ksh 300,000 bond in a case where he is charged with assault and robbery with violence.
His attempt to skip court session over his health was thwarted after police whisked him away from hospital, drove him to court alongside a doctor and a nurse, who stood ready to attend to him just in case, as the case came up for a determination.
In January, Sonko filed a petition to have Chief Magistrate Douglas Ogoti recuse himself from hearing and determining the case.
In his application, he argued that that the magistrate will not allow fairness and impartiality to prevail during the hearing and therefore they will not get justice.
Sonko is also wanted by the Kahawa Law Courts for terrorism-related charges.
The Director of Public Prosecutions and the Directorate of Criminal Investigations want Sonko in police custody for a period of not less than 30 days to give room for state agencies to carry out an uninterrupted probe into the damaging allegations.
Sonko is however fighting his physical appearance at Kahawa court citing his state of health.