Kethi Kilonzo wants case against her thrown out over witnesses hitch

By John Muthoni

Nairobi, Kenya: After the magistrate’s Court adjourned the hearing of criminal case against Kethi Kilonzo last year on grounds that the prosecution had not served witness statements to her lawyers, the case did not commence due to the same on Monday.

Kethi Kilonzo has told the court that since the case was lodged against her she has not been issued with witness statements despite several appeals by her counsel to move the prosecution so that she can prepare her defense.

The court heard that since September last year when she was arraigned in court before Senior Principal Magistrate Doreen Mulekyo she has not had a chance to know the allegations against her by the people who are meant to be produced by the state prosecution.

Under a certificate of urgency, her counsel Julie Soweto said that, “In arrant disregard against the orders of this court’s ruling and orders and in contravention of the 2nd defendant’s rights the prosecution has failed to produce all witness statements and exhibits this far.”

The lawyer in her application filed on Monday said that the conduct of the proceedings is oppressive citing that the prosecution has continued to contravene the constitutional rights of Kethi by keeping her in the dark.

Julie told the court that the case will continue stalling until she is given the documents to prepare her defence.

 “The trial cannot commence or proceed until the court hears the application and determines it herewith,” said Soweto.

She wants the court to dismiss all the charges laid against Kethi and Godfrey Ninito who was the 1st accused.

Kethi was charged alongside Independent Electoral and Boundaries Commission (IEBC) official Godfrey Ninito.

Charges read on diverse dates between November 19, 2012 and June 27, 2013 in Nairobi County jointly with others not before court, the accused stole voters acknowledgement slips valued at Sh5, the property of IEBC.