Judge adjurns Sh17m case after county officer wheeled to testify in court

Case adjourned after witness driven to court in an ambulance to testify. [Courtesy]

A chief officer in Vihiga County government was driven to court in an ambulance to testify in a case a contractor is seeking to be paid Sh17 million.

A team of medical officers placed Gilbert Musalia, the county’s Trade chief officer, next to the dock as he lay on a stretcher.

High Court Judge Fred Ochieng had insisted that Musalia attend court to provide proof that the county government had paid the contractor money owed to him based on a 15-day deadline that had been set by the court.

The judge had adjourned the court sittings twice as he waited for the chief officer to attend court and remained adamant that he would wait for him at the chambers.

Pleas by the defence lawyer Maobe Mukhwana to have the matter adjourned flopped, with the judge insisting that the chief officer appears in person.

The officer may face a similar scenario when he appears in court after the eight days given by the judge lapse.

The judge ordered that he appears again in court in “whatever condition he is in” to confirm compliance with the court orders.

“Because he appears unwell, I reluctantly give an adjournment. The bond is extended until March 24, 2021. The respondent should appear in court by 8am,” said Justice Ochieng.

The judge added: “I do not know the condition he will be in but he must be in court that day.”

In the suit, Musalia has been accused alongside his counterpart in the Finance department of failing to pay a contractor who was tasked by the county government to construct market stalls in Mbale.