The hearing of the theft charges against suspended Kenya Bureau of Standards boss Bernard Njiraini and seven others failed to proceed on Wednesday after a witness was taken ill.
Trial magistrate Lucas Onyina was informed that the prosecution witness who was to take the stand to testify fell sick and thus could not come to court.
Prosecutor Anderson Gikunda said he was only informed about the sickness in the morning hours before the case was to proceed.
"Given the indisposition of the witness and the fact that I learnt about the same only this morning, I request the court to adjourn the hearing to tomorrow so we can proceed with the other witnesses," Gikunda said.
The defence team however opposed the application and asked the court that the hearing proceed with the other witnesses.
The case had been scheduled for hearing from Wednesday, October 11 to Friday October 13.
"In view of the reasons given that the witness has been taken ill, the application is allowed. Hearing will proceed tomorrow as scheduled," the magistrate ruled.
Two witnesses are expected to testify tomorrow.
Njiraini was charged with theft, conspiracy to commit a felony, abuse of office and interference with goods subject to customs control, among other counts.
He was charged alongside Kenya Revenue Authority deputy commissioner Joseph Kaguru, KRA staffer Derrick Kago, Peter Njoroge Mwangi and Crispus Waithaka Macharia, a shipping agent at the Port of Mombasa.
Businessmen Mohammed Hassan Ali, Abdi Hirsi Yusuf and Pollyanne Njeri Kamau are the other three accused persons in the case.
They have all denied the counts and are out on Sh400,000 bail each.
