A Nairobi court has declined to further adjourn the hearing of the KShs.17 billion tax evasion case involving directors of African Spirits Limited and Wines of the World Limited on grounds that one of the directors has a medical condition warranting him unfit to stand trial.
One of the directors, Mr. Peter Njenga through his advocates, had on Tuesday 19th October 2021, asked Milimani Court Magistrate Hon W. Muchemi to adjourn the hearing of the case and be exempted from attending the criminal trial arguing that his health condition makes him vulnerable to Covid-19 infection.
The application for adjournment was vehemently opposed by the Prosecution who submitted that the medical documents produced in court by the accused were inconclusive to exempt the director from standing trial.
It further argued that the accused’s health condition as per the medical report would not suffice non-attendance of trial by accused.
Further, the prosecution urged the court to direct the accused director waives his right to physical attendance and express willingness to be accommodate him virtually to avoid further delays in the case which is now a back log and also in the interest of justice.
Court observed that from the report, the doctor was shy of giving a finding on whether based on his diagnosis, his patient was fit or unfit for trial and that as such, the decision had then been left to its discretion.
In concurring with the prosecution, the Court directed that the accused had an option of attending trial physically, virtually or through representation by counsel. More so, Court laid emphasis in ensuring that all necessary precaution would put in place to safeguard the health of the accused person.
Mr. Njenga is charged alongside other directors and employees of ASL and WOW with counts of tax evasion of approximately KShs.17 billion. The hearing of the case shall proceed from 25th to 27th October and from 8th to 12th November as earlier scheduled.
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