AG Githu Muigai fails to testify in Anglo-Leasing case over contested documents

Attorney General Githu Muigai (PHOTO: FILE)

NAIROBI, KENYA: Outgoing Attorney General Githu Muigai and senior deputy Solicitor General Muthoni Kimani failed to testify in the Anglo-Leasing case over documents not supplied to the accused persons.

Prof Muigai and Ms Kimani were in court to give their testimony in the multi-billion shillings scandal but were stopped after the accused lawyers objected to the hearing proceedings on account that they were supplied late with the documents the two were to rely on in their testimonies.

Lawyer Paul Nyamodi representing businessman Deepak Kamani, Rashmi Kamani argued that it was not fair for the prosecution to ambush them with the Mutual Legal Assistance agreement that the AG was to rely on just a day to the hearing.

“The law  requires that we be given seven days to scrutinize the materials the witnesses are to rely on, it will be prejudicial to allow the hearing to proceed the way the prosecution wants it without giving us a chance to go through the documents,” said Nyamodi.

Senior principle magistrate Martha Mutuku agreed with the submissions and ruled that it was unfair to have the Ag and the Deputy Solicitor General coming to testify when the defence had not been given a chance to peruse their documents.

She ruled that the prosecution was in breach of the law and cannot be allowed to continue with the case.

Ms Mutuku also directed the office of the Director of Public Prosecution to supply all remaining documents they will rely on in the case to the defence so that they don’t experience similar hitches in future.

The Kamani brothers are charged alongside former Permanent Secretaries Dave Mwangi and Joseph Magari, and former head of debt management at the treasury David Onyonka with conspiracy to defraud the government.

The accused are allegedly to have conspired to defraud Sh6.5 billion through computerisation of police projects, acquired Sh121 million to modernise police surveillance systems, failing to comply with procurement rules and engaging in the project to without planning.

The hearing was adjourned to June 19.