Former Cabinet Secretary Raphael Tuju failed to appear before Kibera Chief Magistrate Stella Atambo,with the defence informing the court that he is currently admitted at Karen Hospital by the police.
Through senior counsel led by James Orengo, Kalonzo Musyoka, Ndegwa Njiru among others, the defence submitted that Tuju was unable to attend proceedings due to his medical condition, which they attributed to injuries allegedly sustained during his arrest.
The defence told the court that they had visited Tuju at his residence to establish his whereabouts and, upon attempting to leave with him, encountered police officers who restricted their movement, prompting negotiations. It was agreed that Tuju would proceed in counsel’s vehicle in the company of an arresting officer who indicated that he was not under arrest.
They further submitted that upon arrival at Karen Police Station, officers attempted to remove Tuju from the vehicle and place him in another, during which he allegedly sustained further injuries. Counsel told the court that requests to facilitate immediate medical attention were delayed, and that he was only taken to the hospital and few hours to his arraignment in court where he remains under treatment.
The defence also opposed plea taking in his absence, submitting that an accused person must be physically present in court and capable of understanding the charge. They further urged the court to release him on bond pending his recovery and appearance.
The prosecution, led by J.V. Owiti, confirmed that Tuju is hospitalised and did not oppose the deferral of plea until he is fit to appear in court.However, the State opposed the grant of bond in the absence of the accused, maintaining that he remains in lawful police custody.
The court directed that Tuju continues receiving medical attention and is set to rule on March 25 at noon on the way forward, including the issue of plea taking.
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