A Nairobi court has summoned Gigiri OCS to appear before it to explain why he failed to allow Nandi Senator Samson Cherargei to attend a medical check-up.
Cherargei, who was detained last week on Friday for skipping his hearing on April 19, had argued that he was sick.
When the matter came before the court during the mention of his case, Cherargei's lawyers took the blame for misleading him about attending court and pleaded for forgiveness.
They also lamented why the OCS did not honour the court order issued on Friday directing that the Senator be taken for medical examination.
"Your honour we are very sorry for misleading our client on appearing in court and we ask that you don't take it on him. He was sick and the OCS failed to have him checked after being detained. Kindly reinstate his bail terms," the lawyers argued.
The lawyers said Cherargei was sick and was treated on April 18. He was given seven days to recuperate before going back on April 25.
The prosecution, however, said the court should forfeit Cherargei's bail arguing that the medical documents are questionable.
Senior state counsel Alexander Muteti requested the court to check the medical documents submitted.
"There is something peculiar with the document that cannot tell what the accused was being attended to and by which doctor and what time," Muteti said.
"There was no text or phone call to us informing us on the same. The conduct is more suspicious and cannot be relied on," he added.
Ruling on whether the senator will be released on bail is at 2 pm.
