The Anti-Terrorism Police Unit (ATPU) on Tuesday informed a Nairobi court that they could not comply with a court order issued on Monday.
Appearing before magistrate Peter Ooko, ATPU Deputy OCS Ezekiel Lulei told the court that they could not produce former Nairobi Governor Mike Sonko as there exists an order from Kahawa Law Courts barring them from interrogating or removing him from hospital.
Sonko has for the past few weeks been receiving treatment at Nairobi Hospital after falling ill while in custody.
The prosecution, however, differed with the officers on grounds that the Kahawa Law Court order expired on February 26, 2020.
“The orders being referred to by the ATPU existed until February 26, 2021, when the matter was mentioned. If the orders were extended then they should have been served before this court,” said the prosecution.
“This court has not been provided with medical reports from Nairobi Hospital and the court is not in a position to verify the reason why the accused is still admitted in the hospital.”
The prosecution urged the court to issue a fresh production order against Sonko. They want OCS, Ethics and Anti-Corruption Commission, and Nairobi Hospital boss to facilitate his court appearance.
The court has ordered that Sonko be produced on March 4.
Defense lawyers; John Khaminwa and Wilfred Nyamu, told the court that their client was still ill and could not, therefore, appear in person.
“What we can confirm to you is that the governor is still unwell. The doctors have confirmed that he has hypertension, cardiological issues and he needs to undergo hip surgery in South Africa,” said Khaminwa.
Khaminwa also informed the court that the ex-county boss has been examined by independent government doctors.
Last week, a medical report filed in court showed that Sonko needs an “urgent hip replacement surgery” after he developed arthritis.
The medical review was conducted by Dr Esther Wekesa of Kenyatta National Hospital.
“If left untreated, avascular necrosis can lead to severe complications such as bone collapse or even fracture,” Wekesa said in documents filed in court.
The medic recommended that Sonko travels to South Africa to see a Dr Robert Van Der Plank who apparently came highly recommended.
“I have spoken with Dr. Plank on phone and email about taking up the case but he has not been to Kenya in the last 2 years and says he won’t be coming anytime soon,” the report read.
The trial magistrate will give further directions on the medical report on March 3.