A court has ruled for the trial of suspects in the Anglo Leasing case to proceed without ailing former Finance minister David Mwiraria.
Principal magistrate Felix Kombo made the decision on Monday after Mwiraria's lawyer Kioko Kilukumi said he was still at Karen Hospital in Nairobi.
Kombo directed that the cases against other suspects be mentioned on Monday for further direction, despite objection by senior assistant DPPs Nicholas Mutuka and Victor Mule.
The two said Kilukumi had not tabled any new medical documents showing that the former minister was still unwell.
Mwiraria from his hospital bed in December 2015 after failing, several times, to appear in court for plea taking.
He pleaded not guilty to seven counts of abuse of office in relation to the scandal that cost the government more than Sh 10 billion and was granted Sh1 million personal bond pending the hearing and determination of the case.
It is said that Mwiraria had been admitted at the hospital with an acute chest infection exacerbated by asthma since November 20, 2015.
The former minister was charged alongside businessman Deepak Kamani, his father Chamanlal Kamani and brother Rashmi Kamani and others including Kisii Senator Chris Obure and former Postmaster General Francis Chahonyo.
Others were former PSs Sammy Kyungu
(Communication), Joseph Magari (Treasury) and Dave Mwangi (Internal Security) and former head of debt management at the Treasury
David Onyonka
and former Finance secretary Samuel Bundotich.
Mwiraria alone is faced with four counts of conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
He is also accused of engaging in a project without prior planning - allowing financing to upgrade police and other security systems dubbed 'E-Cops' valued, a project valued at Sh6.08 billion.
Mwiraria resigned from the finance docket in 2006 after he was adversely cited in a report on graft by John Githongo,
the then adviser to former President Mwai Kibaki on ethics and integrity .
The Kamani's are named among companies that were awarded 13 out of 18 Anglo Leasing security contracts.