Kethi accuses DPP of frustrating efforts to defend herself

By Wilfred Ayaga

NAIROBI, KENYA: Lawyer Kethi Kilonzo has accused the Director of Public Prosecution of frustrating her efforts to defend herself in a case in which she is charged with forging a voter’s acknowledgement slip. 

Kethi has claimed that the DPP has failed to provide her with documents, including witness statements which she needs to launch her defence in the case.  Through her lawyer, Fred Ojiambo Kethi argues that efforts to access the documents have proved futile.

Ojimbo said the defence team, through lawyer Julie Soweto had placed numerous requests for the documents, which have not been responded to.

“Under the circumstances, I can only surmise that the reason for the delay must be to dislocate the defence and make it difficult and impossible to mount a credible defence,” Ojiambo told Chief Magistrate Kiarie Waweru.

Kethi is charged with stealing an IEBC acknowledgement slip serial number 0002058624 between November 19, 2012 and June 27 this year valued at Sh5 belonging to the electoral body. She faces another charge of handling stolen property. She is charged alongside Godfrey Ninito, an Independent Electoral and Boundaries Commission employee.

Ninito is accused of neglecting to keep in safe custody voter acknowledgement slip booklet serial numbers 041173 a duty which he was dutifully bound to perform as the Manager Electoral Planning and Logistics at the IEBC headquarters,

During Monday’s proceedings, Kethi accused the prosecution of disobeying a court order issued on in which it had been ordered to provide the documents to her defence team. Ojiambo told the court that the delay in providing her with the documents was hurting her client.

“My client is an advocate of the High court and the allegations against her are detrimental to her work.

The prosecutor, Jacob Ondari however defended the office of the DPP from the allegations claiming that the office of the DPP had on 11 October written to Kethi’s defence team asking them to collect the documents from the Investigating officer. He claimed that they had provided most of the documents apart from two witness statements. He also said that some of the documents requested by Kethi were not in the hands of the DPP, but in the custody of IEBC.

Kethi’s lawyer accused the prosecution of intending to proceed with the case before obeying the order to provide the defence with all the requested documents.

“It is the height of cheek to say that they want to proceed with the case when they have cynically violated a court order,” Ojiambo told the court.

The prosecution has lined up thirty witnesses in the case.