Lawyers seek to know if CJ will testify in case on purchase of his official residence

Chief Justice Willy Mutunga

Lawyers Thursday sought to know from the prosecution whether Chief Justice Willy Mutunga will be a witness in the case in which former judiciary officials are accused of unprocedurally procuring his official residence.

During the mention of the case Thursday, former Chief Registrar of the Judiciary Gladys Shollei's lawyers Paul Ng'arua and Hiram Kago asked the prosecution to ascertain whether Dr Mutunga is lined up as a witness in the case.

"We are seeking to know if the CJ is among the witnesses in the case and if so we are yet to be supplied with his statement," Ngarua said.

The lawyers requested a list of all the witnesses who will testify in the matter, saying they need to prepare for the trial.

However the prosecution asked for more time to respond to the defence's request. State Counsel Peter Nderitu said the prosecution gave an undertaking to supply all the statements and list of witnesses they intend to call.

Two weeks ago, the defence also alleged the prosecution had failed to provide copies of relevant documentary evidence to enable them prepare for the trial.

Senior Principal Magistrate Felix Kombo directed the matter to be mentioned on October 13 for the prosecution to confirm the full witness list.

Shollei was charged last month with four counts over the controversial acquisition of the official residence of the Chief Justice.

Denied allegations

She was charged alongside six former Judiciary officials; Francis Kakai Kissinger, Martin Okwatta, Benedict Omollo, Thomas Oloko Atak, Nicholas Mbeba and Wycliffe Wanga. They all denied the allegations and are out on a cash bail of Sh600,000.

They are accused that they irregularly purchased a fully-furnished residential property for the Chief Justice from Johnson Nduya Muthama Holdings Limited at a sum of Sh310 million.

They were also charged with willful failure to comply with the law and applicable procedures relating to tendering of contracts.

They denied that they failed to ensure that the Judiciary did not pay in excess of the prevailing market prices in the purchase of the residential property from Johnson Nduya Muthama Holdings Limited for the sum of Sh310 million.