, NAIROBI, Kenya, Sept 7 – The Pre-Trial Conference in Anti-Corruption case against former Nairobi County Governor Evans Kidero and his ten co- accused hit a snag yet again after defence lawyers said they had not be supplied with all documentary evidence by the prosecution.
The defence team told trial magistrate Douglas Ogoti, that a few witness statements supplied to them some lacked corresponding pages making it difficult to prepare for trial.
“The statements given to us does not have proper sequence with some documents missing we cannot say that prosecution has done its work as required by law,” the court heard.
The court said it is also not in picture on what is happening and directed that things must be put in order to allow the trial to go on.
The magistrate directed the matter be mentioned on 21 September to confirm compliance in supplying of the witness statements.
The former governor, ex-officials from Nairobi County Lilian Wanjiru, Jimmy Kiamba, Gregory Mwakanongo, Stephen Osiro, Luke Gatimu, John Njogu and Grace Githua are facing a crinimal charge of defrauding the county of Sh213 million.
Save for Kidero and Maurice Okere who are out on cash bail of Sh2 million the rest were ordered to deposit a bond of Sh5 million, after the prosecution opposed them be released on cash bail over alleged failure to appear in court as ordered.
The accused have since given an indication to move to the High Court to seek review of the decision of the Magistrate to refuse them cash bail.
They have through lawyers Ochieng Oduol and Cliff Ombeta applied for typed proceedings and the ruling of the court to be able to file the appeal for review of bail terms.
The Magistrate in his ruling said that the prosecution did oppose the accused being released on cash bail, on grounds that they disobeyed an order requiring them to appear in court on 9 August 2018 and warrant of arrest was issued by anti-corruption Chief Magistrate Douglas Ogoti.
They told the court that their clients were not served with the order directing them to appear in court.
They said that the accused have presented themselves to court after they were informed that criminal charge has been entered against them.