A warrant of arrest issued against former Finance minister David Mwiraria will remain in force after a Nairobi court declined to lift it.
Principal Magistrate Felix Kombo, however, temporarily stopped the office of Director of Public Prosecution and police from arresting Mr Mwiraria for 10 days to allow him time to be discharged from hospital.
“The doctor’s report said he would be hospitalised for five days. I would not, however, vacate the warrant of arrest but suspend it for 10 days after which I would sign the warrant and have him arrested if he does not voluntarily present himself in court,” ruled the magistrate.
Mr Mwiraria is wanted to answer charges of abuse of office and conspiracy to defraud the government of Sh10 billion in the infamous Anglo Leasing scandal.
The warrant for his arrest was issued on Monday, but his lawyer Ismael Abbas pleaded with the magistrate to allow him time to present Mr Mwiraria in court on Tuesday.
The lawyer instead presented a medical report from Karen Hospital showing that the former minister was admitted last Saturday and the doctor’s recommended that he stays in hospital for five days.
“It will be so unfair to drag Mr Mwiraria to court in his current condition. That is why we are asking that the warrant of arrest be lifted until he recuperates and become stable to attend court,” said Mr Abbas.
But Deputy Director of Public Prosecution Nicholas Mutuku argued that Mr Mwiraria’s admission is suspicious as it came after he was served with summons to appear in court. He said the report had nothing new about Mr Mwiraria’s health condition. The matter be mentioned on December 7.
SOURCE: DAILY NATION