OUTGOING Attorney General, Githu Muigai, and Solicitor General, Muthoni Kimani, did not testify for the second time in the Anglo-leasing case, thanks to a prosecution hitch.
It emerged that documents that they were to rely on were served late!
Githu and Muthoni were to rely on documents that were obtained by Mutual Legal Assistance, served barely 24 hours, on Tuesday March 13 2017, before the trial.
The two prosecution witnesses skipped a court date earlier.
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The Mutual Legal Assistance Act requires that documents must be served 7 days in advance to hearing date.
Senior Principal Magistrate, Martha Mutuku, concurred with the defence saying the prosecution must comply with the constitution.
She said the prosecution “is in breach of the law for not supplying the documents within the stipulated time, adding that prosecution cannot escape…”
Trial by ambush
The court agreed with the defence saying the prosecution must comply with te constitution.
Mutuku further said the documents must also be served on the defence in good time to enable prepare their evidence.
The prosecution was ordered to supply the documents to all parties.
Muigai and Muthoni had only been given the documents the night before, so technically they did not have time to go through the documents.
The magistrate said accused persons need to be granted sufficient time to prepare.
Documents served barely hours to the proceedings were ruled to be in breach of the Mutual Legal Assistance Act.
Defence lawyer, Paul Nyamodi, likened it to a trial by ambush.
The court directed the prosecution to comply by the law.
Parties return to court on April 11 2018 to confirm compliance.