, NAIROBI, Kenya, Dec 7 – A Magistrates Court has referred an application by former Finance Minister David Mwiraria to the High Court, to clarify whether he should plead to Anglo -leasing related charges within 10 days.
The move was taken after the prosecution led by State Counsel Victor Mule and Kioko Kilukumi for Mwiraria differed on a ruling last week by Justice Ngenye Macharia.
According to Kilukumi, the judge asked the prosecution to prepare for plea within the said period at home or in hospital as Mwiraria is indisposed and his doctor ought to make sure he is in a position to do so.
“Four doctors were appointed to establish his ability to face criminal case; only one dissented in his opinion while the trio agreed that indeed he was sick (and) cannot be subjected to criminal proceedings,” the court heard.
Mwiraria is accused alongside 10 other individuals for their role in the multi-billion shilling scam on security related contracts in which the Kenyan tax payer lost more than Sh7 billion.
The former minister has been recuperating for the last three months at the Karen Hospital.
He faces four counts of conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
He resigned from office in 2006 after he was adversely mentioned in a report by former anti graft Czar John Githongo, the then advisor to President Mwai Kibaki on ethics and integrity.
The former minister is specifically accused of authorizing the financing of a project intended to upgrade police and other security systems dubbed ‘E-Cops’ valued at $59.6 million (Sh6.08 billion).