Mwiraria is accused alongside 10 other individuals including Kisii Senator Chris Obure and Chamanlal Kamani, his sons Deepak Kamani and Rashmi Kaman/FILE
However, the Director of Public Prosecutions through State Counsel Victor Mule opposed the decision, arguing that Mwiraria was capable of standing trial.
His lawyer Kioko Kilukumi argues he cannot appear in court due to poor health.
He pleaded with Anti-Corruption Court Magistrate, Felix Kombo to excuse his client from participating in the criminal proceedings until his health improves.
He pleaded with the court to strike off his name from the charge sheet in consideration of his poor health.
The court heard that Mwiraria is terminally ill and is weak such that he cannot stand for 30 minutes.
In December last year, the ex-minister pleaded not guilty to seven Anglo Leasing related charges from his hospital bed at the Karen Hospital.
According to Kilukumi, Mwiraria has been receiving treatment for cancer related complications.
READ: Mwiraria fails to appear in court over Anglo Leasing charges
Mwiraria, who resigned from office in 2006, is facing four counts. He is accused alongside 10 other individuals including Kisii Senator Chris Obure and Chamanlal Kamani, his sons Deepak Kamani and Rashmi Kamani.
He is charged with conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
He is alleged to have authorised the financing of a project intended to upgrade police and other security systems dubbed ‘E-Cops’ valued at Sh6.08 billion.
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