Trade Department Officer Gilbert Musalia, was taken to court in an ambulance in a case involving a contractor over some Ksh17 million owed by the County government.
High court Judge Fred Ochieng had demanded that Musalia appears in person to present evidence that the county had paid the contractor his dues as per the deadline given by the court.
The judge insisted that he would wait for him since the hearing had been rescheduled twice. Health officers pushed the stretcher towards the dock to allow him testify in the case.
Musalia and another official in the finance department had been accused of failing to pay a contractor for stalls in Mbale, reportedly constructed by Galexon Kenya Limited.
Defense lawyer Maobe Mukhwana asked for the matter to be adjourned to a later date.
"Because he appears unwell, I reluctantly give an adjournment. The bond is extended until March 24, 2021. The respondent should appear in court by 8 am. I do not know the condition he will be in, but he must be in court," said justice Ochieng.
Musalia lodged an affidavit claiming that he made efforts to effect the payments, shifting blame to the finance departments for delays.
“I stand to suffer greatly, but yet I am not the person withholding payment,” read the affidavit.
“The respondent should appear in court to provide evidence that the payments have been effected,” said Justice Ochieng in conclusion.
