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AG Muigai fails to testify in Anglo-Leasing case

by 14/03/2018 16:47:00 0 comments 1 Views
By ABIUD OCHIENG
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Attorney-General Githu Muigai, and Senior Deputy Solicitor-General Muthoni Kimani did not testify in the Anglo-Leasing case on Wednesday.

The accused had sought for more time to study the documents they will be relying on in their testimony.

The prosecution intends to rely on documents obtained from Switzerland and Virgin Island under the Mutual Legal Assistance.

This is an arrangement where the State requests a government of another country to assist it obtain evidence.

Senior Principal Magistrate Martha Mutuku allowed the request by the defence to have the matter adjourned after it emerged that some of the documents were supplied to the defence lawyers by the prosecution on Tuesday.

EVIDENCE
Ms Mutuku ruled that under the Mutual Legal Assistance Act, the accused are supposed to be supplied with the documents at least seven working days before trial, if the prosecution seeks to rely on them.

“The accused have not been granted sufficient time to prepare, as some of the documents were supplied yesterday, which is a breach of the Mutual Legal Assistance Act,” she said.

The magistrate said the prosecution is in breach of the law. “Consequently, I allow the adjournment and direct the prosecution to serve the documents as required by law,” she said.

CORRUPTION
The accused, through lawyers Paul Nyamodi, Kioko Kilukumi, and Edward Oonge, had opposed the plan by prosecution to proceed with the two witnesses, who wanted to rely on the foreign sourced documents supplied to them on Tuesday, saying they needed more time to prepare.

In the case, businessman Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani (directors of Infortalent Ltd) as well as Joseph Magari (former Ministry of Finance Permanent Secretary), Dave Mwangi (former Provincial Administration PS), and David Onyonka (former head of debt management at Treasury) have been charged with corruption over the Anglo-Leasing contract.

The name of former Finance Minister David Mwiraria, was dropped from the case after his death.

MWIRARIA: Meticulous minister felled by Anglo Leasing

The case will be mentioned on April 11. The hearing is set for June 19 to 21.

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