Mr Riech rejected an application by Mungatana’s lawyer Ann Kaguri, who informed the court the legislator was admitted in hospital in Nairobi.
Ms Kaguri produced a letter from a doctor to support her application prompting the magistrate to adjourn the matter. “I am adjourning to allow the investigating officer confirm if the legislator is admitted,” said Riech. The magistrate ordered prosecutor Samson Kiptum to report after two hours. Kiptum told the court the investigator had rang the hospital through a mobile phone and found Mungatana was not among patients in the wards.
Kiptum said the information the lawyer gave was not correct.
The prosecutor said Mungatana had been seen addressing a meeting in Nairobi and was sure the MP was not in a hospital bed.
But when asked to respond to the prosecution’s report, the lawyer insisted the MP had been instructed by his doctor to have a bed rest.
She denied claims that Mungatana had addressed a meeting in Nairobi.
Kaguri asked for ten days to enable the MP recover. In his ruling, the magistrate noted that Mungatana had deliberately refused to plead to the charges.
He ordered police to arrest and take him to court on Monday to plead to the charge of giving bouncing cheque.
He has been charged that on June 20, last year in Mombasa County, he issued Co-operative Bank cheques numbers 0005567 of Sh700,000, 000557 of Sh700,000 and 000558 of Sh700,000 to Chwile Investment drawn from Danson Buya Mungatana account number 2008467100 knowing the account had insufficient funds.
Copyright : Standard Newspaper