Mumias East Members of Parliament Peter Salasya on Tuesday failed to appear before court to face assault and bodily harm allegations levelled against him claiming he was unwell.
Mumias Senior Resident Magistrate Marcella Onyanya hence ordered the lawmaker to physically show up in court on Wednesday.
Magistrate Onyanya also directed the investigating officer handling the case to provide the court with a comprehensive medical report from the Aga Khan Hospital where MP Salaysa was allegedly admitted.
The controversial legislator was charged for assaulting Malaha-Isango ward MCA Peter Walunya Indimuli at a funeral on Friday last week, and was released on a Ksh.50,000 cash bail.
Advocates led by Arnold Magina, on behalf of the complainant, asked the court to cancel bond terms for the accused after he failed to appear in adherence with court orders.
Mr. Magina said just like any suspect, Salasya should have obeyed court orders and presented himself to court to face the charges, adding that since he did not, his cash bail be forfeited to the State and a warrant of arrest be issued against him.
The advocate went ahead to argue that no document was presented before the court to show why MP Salasya failed to appear, further dismissing claims that he was admitted to hospital hence could not attend the court session.
“Let the accused file a report to this court indicating when he was admitted and under what ailment so that we can all be satisfied that indeed he is unwell. He has just posted on his social media platform a few minutes while the court was in session,” he stated.
“If he has the stamina to post yet we are told he cannot attend court it’s very unfair because that is very evident that he can address the court.”
Additionally, the advocate claimed that the legislator was threatening key witnesses in the case and was probably in the Ekero area and not in hospital as claimed.
Mr. Magina’s sentiments were backed by the investigating team which said its tracking data showed that the MP was at Ekero in Mumias, and not at the Aga Khan Hospital as alleged.
The prosecution hence invited the court to visit the accused person’s previous records and decide on a better punishment.
“The accused has chosen not to respect the court. His advocate, Harmston Maloba, indicated that he is admitted in hospital but has not provided evidence on the same. Warrants should be issued against him and mention date placed before this court latest on Friday,” said the prosecution.
MP Salasya’s lawyer Maloba defended his client on threatening witness in the case, terming them as allegations as false.
