Allowing the application, the court said examining Mr Waititu’s health is not an infringement of his rights.
“The court needs to determine exactly what is ailing him,” the magistrate said.
Mr Nzioki added that the three documents from Jumuia Hospital tabled in court by Mr Waititu’s lawyer are neither clear on his condition nor comprehensive.
“This court is unable to comprehend the exact condition of the accused,” the magistrate said after perusing the handwritten medical reports and notes.
The DPP wanted the former Kiambu county boss to be tried in absentia, on grounds that “his conduct is making it impossible for the hearing to begin”.
Delaying the case
“His objective is to delay the case. This court cannot be held in abeyance by such conduct,” Mr Victor Mule, the prosecutor, said.
He added that Mr Waititu’s absence has affected the other accused people as they have been attending court.
Mr Swaka asked the magistrate to exempt his client from attending court. However, Mr Nzioki said Mr Waititu has not met that threshold.
He added that for the accused to be exempted, he must demonstrate extreme circumstances.
The magistrate ordered Mr Waititu to present himself in court on Monday.