Deputy Solicitor General, Muthoni Kimani, who is also the director of Assets Recovery Agency has told a trial court in Nairobi that she has not been in a position to trace seven original letters relating to the case that were handed to Kenya from Switzerland.

She said she was in charge of International commercial arbitration in claims made against the Kenya government and was aware that the Attorney General had hired one Marc Henzelin, a Lalive  attorney to draft and handle the Mutual Legal Assistance (MLA) on behalf of the government.

Lalive provides a wide range of legal services in international legal matters. Clients include Governments, State corporations, companies and individuals.

“Mr Henzelin gave us a list of documents upon which this prosecution was to be based…” Muthoni told the trial court.

She said the missing documents could not be traced at the AG’s office after being reportedly transferred to the DPP.

Some of the material, also handed from Swiss authorities were in CD format, the witness said.

Power of Attorney

Muthoni  said on February 9 2015 she was told “to leave everything I was doing and locate the (now missing) original documents.”

“My efforts were not fruitful, files had moved to the DPP, I failed to get the original copies and wrote to EACC that I would not locate the required documents,” Muthoni testified.

Henzelin, the trial court heard was bestowed the Power of Attorney to act as the Kenya government advocate in all Anglo-leasing cases in Switzerland.

Muthoni said some evidence to be used in the case were received in CDs which were presented in court and marked but had not been supplied to the defence for analysis as required in law.

Serve the defence

EACC Deputy CEO Michael Mubea said the two disks were handed to him by Muthoni at a meeting and he later forwarded them to investigators within the commission but lawyer Kioko Kilukumi said “this part of evidence had not been served on the defence ” and stating that  this was violation of  constitutional rights to be supplied with all the evidence to be used  for prosecution.

“We may be surprised that there are other materials in those discs…we must be supplied to enable us to analyse them,” the lawyer said.

The DPP was allowed to mark the discs with a promise to serve the defence before the next hearing date.

Proceedings have been adjourned after former Attorney General,Amos Wako, and Head of Public Service, Joseph Kinyua , wrote apology letters stating that they would be absent due to other commitments elsewhere.

Sittings resume on April 23 2018.