NYS scandal suspect Josephine Kabura on Tuesday failed to appear in court for the mention of her case.
Kabura on Monday filed a damning affidavit claiming former Devolution CS Anne Waiguru was the architect of Sh791 million NYS scandal.
Kabura is a key suspect in the scandal.
She owns four companies implicated in the scandal.
Kabura was expected to appear before Nairobi chief magistrate Daniel Ogembo alongside 25 others for the mention of their case.
Other suspects include former PS Peter Mangiti and former NYS boss Nelson Githinji.
The court heard she fell ill early in the morning and was taken to hospital, just hours after she said Waiguru played a key role in the fraud.
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Kabura said Waiguru schemed plots of how to divert public attention and mislead investigators from getting to the bottom of the scandal.
“She was taken ill and we requested the court to waive her appearance today,” her lawyer said.
The prosecution did not oppose the application.
Ogembo ordered the businesswoman to produce medical records on April 22, when the trial will begin.
Yesterday’s mention was to confirm whether the defence was supplied with all documents they require in the trial and if all parties are ready for hearing.
The NYS loot, according to the prosecution, was siphoned through fraudulent payments to six firms, whose registration details raised eyebrows and are apparently owned by three individuals.
In her affidavit, Kabura said Waiguru promised her she will only be taken to court over flimsy charges.
She said her bail was posted by Waiguru’s accomplice Joseph Mugwanja, the director of banking fraud investigation department.
Kabura said she did not spend the night in police custody after her much-publicised arrest.
She said the day she was taken to court, Waiguru called to enquire if she has money to post bail.