The hearing of the NYS II case was yesterday adjourned for the second time this week after the second witness failed to show up.
Former PS Lilian Omollo is charged alongside others with embezzling Sh60 million.
On Monday, magistrate Peter Ooko had summoned Ambassador Julius Kandie to appear in court yesterday to continue with his cross-examination.
Kandie had told court he was away this week on official duty and asked for an adjournment.But the court declined his plea, saying the case was more important than the work he was doing.
The prosecution yesterday said the investigating officer in the case went to the Ministry of Lands, where he works as the Director of Administration, to take the summons to him, but he was not around.
The officer also tried to reach out to the CS and the PS in the ministry, but they were away.
When the officer called Kandie, his phone signal was located in Homa Bay. The court summons was sent to him via WhatsApp.
Kandie said it was difficult to come back to Nairobi because he could not get a flight.
The earliest time he said he can appear in court is this morning. Kandie told the court he also needed time to liaise with the PS for his duties to be delegated to someone else before he travels.
The defense did not oppose the application by the prosecution.
The court allowed the application and ordered Kandie to appear in court today morning to proceed with his testimony.
abuse of office
Omollo is charged alongside 31 others with several counts of abuse of office and paying Sh60 million to three companies that were not pre-qualified.
The prosecution said the three companies were awarded tenders unlawfully. They are Ersatz Enterprises, Arkroad Holdings and Kalabash Food.
Ersatz Enterprises, whose directors are Catherine Kamuyu and Sarah Murugu allegedly received Sh26.6 million. Kalabash Food Supplies, owned by Anderine Grace Nyambura, got Sh9 million and Arkroad Holdings, owned by Peter Kimani and Anthony Wamiti, received Sh24.8 million.