Former Kiambu Governor Ferdinand Waititu, through his lawyers, has requested to visit the hospital during his sentencing on Thursday, February 13.
Waititu was sentenced to 12 years in prison or pay a fine of Ksh53.5 million by Anti-Corruption Court Chief Magistrate Thomas Nzioki, who also sentenced Waititu's wife Susan Wangare to pay a fine of Ksh500,000 or serve a sentence of one year in prison.
Moments after the sentencing, Waititu's lawyer revealed the former governor was unwell, as he requested the court to allow him to seek medical treatment.
"From yesterday, he's been feeling unwell, and if you look at his state, he's struggling," Waititu's lawyer said. "Our humble request is that he be allowed to go to a medical facility such as Kenyatta Hospital for a check-up."
While the lawyer declined to divulge Waititu's illness, he was adamant that Waititu needed urgent medical attention.
However, the request was met by opposition from the prosecution, who were adamant that Waititu should be detained and receive medical treatment whilst in police custody.
"Your honour must realise there is a conflict, and there are systems in place for that issue to be addressed. Therefore, the council can address that issue with the prison authorities for him to be taken for medical treatment," the prosecution insisted.
What ensued was a brief back and forth between the counsels, with another one of Waititu's lawyers, Danstan Omari, citing a past instance that saw former Nairobi Town Clerk John Gakuo pass away at Mbagathi Hospital in Nairobi while serving a three-year jail term.
Unimpressed with Omari's past example, the judge did not budge with his verdict, as he insisted Waititu could receive medical treatment even while behind bars.
"I have really been humble, and I have looked at the welfare of some of these suspects. The problem that I have is that the narration (after Gakuo's death) was that the judiciary was killing people, and that was not the case. I know the governor has a life to live, and I pray for him, and he will recover," he asserted.
"For that one, we wish him well, and we'll take medicine to him. We are all mortals, and we should not be scared when we think about the afterlife."
Omari eventually caved in, requesting the court to instead allow police officers to accompany the former governor to receive medical treatment.
Meanwhile, Omari revealed his team would utilise the 14-day window provided by law to appeal the sentence.
In addition to the sentencing, Waititu was also barred from holding public office for a period of 10 years.
