All human beings are to be treated with dignity regardless of whether or not they deserve it. Ever since Joseph Irungu alias Jowie sustained a gun shot wound when he shot himself on the shoulder, he is yet to receive treatment at Kenyatta National Hospital (KNH) as earlier dictated by the court.
Defence lawyer David Ayuo today told the court that Mr Irungu was in great pain and that his condition was getting worse every day and therefore requires urgent surgery.
Jowie was taken to KNH on November 13 but was denied admission for an operation on his left shoulder over pending hospital bills which the prison’s department owes the hospital.
The accused said that the hospital refused to admit Jowie even after his family offered to pay Ksh. 20,000 for his admission.
In line with his earlier ruling, Justice James Wakiaga has now ordered that Mr. Irungu be taken to hospital or else he will have the order that denied him bond reviewed on Monday. The Judge wanted the suspect to be treated at another hospital but Jowie’s family said it could only afford treatment at KNH.
Following Justice Wakiaga’s ruling, an officer from Kamiti Maximum Security Prison told the court that the earliest Mr. Irungu can be taken to hospital is Wednesday since the prison vehicle will be at the Kibera Law Courts until 5 pm today.
The judge however dismissed the excuses saying that the accused should be taken for treatment on Tuesday regardless of what the prison owes the hospital.
“We cannot hold a man in need of medication. What if he dies in our hands? Is it possible to allow the family to produce a car and prisons provide guard. I order that the accused be admitted at KNH today, whether the government owes KNH money or not,” said Wakiaga.
Justice Wakiaga further directed the Chief Executive Officer of KNH not to demand any payments before treating the accused.
“No fee should be demanded from the accused. If he is not admitted today, the court will allow him to seek medical treatment at a hospital of his choice,” he said.
The judge directed the accused or his lawyer to report to the deputy registrar of the court whether he has been treated at Kenyatta.
Meanwhile, the court is yet to rule on Jowie’s application seeking to be transferred to a different remand facility on grounds that he was being mistreated and tortured at Kamiti prison. The Prosecutor in the case, Catherine Mwaniki said she would investigate the torture claims.