BY COAST NEWSPAPER TEAM
The prosecution is seeking the detention of Kilifi deputy governor Gideon Saburi for 14 days at Manyani Maximum Prison a request that will be known on Thursday, April 9, 2020.
This among other demands by the prosecutor, Edgar Mulamula, will be determined when Mombasa resident magistrate Rita Omwayi delivers her ruling at 10 am.
On her Monday’s directions, the magistrate ordered the accused to continue to be held at the Port Police Station until she makes her ruling on Thursday.
In his argument, the prosecution sought the detention of the DG to allow completion of investigations and protect his life from angered residents of Kilifi that could mete out mob justice due to his reckless actions.
But in a spirited fight, the DG’s lawyer George Kithi said the application filed by the prosecution lacked substance and cannot move the court to grant them 14 days.
He argued that the accused never tested positive for the Covid 19, therefore the government cannot continue forcing his client into isolation.
Submitting a medical report, the lawyer, claimed that the DG was tested three times since he was forced into isolation at the Coast General Referral Hospital on March 21.
According to him the accused was tested on March 23 and the results turned negative. Again the March 26th and 31st repeat tests turned negative respectively.
The lawyer said the DG has never tested positive and asked the court to allow him to self-quarantine at his Rabai home.
On cross examining the investigating officer Elvis Charo, the defence lawyer, sought to know if there were any medical reports to prove that the accused was indeed positive.
However, the officer said they are still liaising with the Ministry of Health to obtain the results within the 14 day window the prosecution is asking from the court.
The defence lawyer further said there was no proof that the government either directed the DG to self-quarantine after returning from Germany or that Kilifi County residents are angered by this action.
The accused was arrested on Friday, April 3, after being discharged from the Coast General referral Hospital following his recovery from the deadly coronavirus disease.
Kenya has registered 158 Covid 19 cases as by Monday, April 6 when President Uhuru Kenyatta imposed further travel restrictions through a cessation order of Nairobi Metropolitan and three Coastal counties of Kilifi, Kwale and Mombasa.
The Ministry of Health has confirmed four people had recovered from the virus while another six have succumbed to it. Majority of those who died had pre-existing conditions.