A TRIAL court has flexed its judicial muscle and  summoned former AG Amos Wako and State House Chief of Staff, Joseph Kinyua, to appear in court  to testify in the protracted  Anglo-leasing case.

Trial magistrate Felix Kombo directed  the two should  appear on June 26 and 27 2018 so that the case may proceed.

The duo have repeatedly failed to appear to give evidence as state witnesses in the case.

Defence lawyers  took issue with the DPP for being ill prepared for the hearing that has been adjourned on two occasions  this month.

The magistrate said it is important they honuor the court summons.

He has equally  directed the prosecution to file an application for witnesses to testify via video-link.

Chief legal adviser

Kombo further directed the  matter be mentioned on May 9 2018  to confirm compliance with
court orders.

Wako was chief legal adviser of the  government of Kenya while Kinyua was the then Finance Secretary at Treasury when the Anglo-leasing contracts were signed.

Other witnesses have so far said the AG gave the green-light on the contracts and confirmed they were above board.

A total of  18 Anglo-leasing contracts  were signed between the government and the supplier companies.

Wako  is said to have given the  legal opinion  which paved way for the signing contracts among them them, one awarded to  Info-talent limited to  implement a proposal to digitise the Kenya police  security systems and which is the subject of the current case.

Foreign witnesses

The trial court is set to hear and determine  whether foreign witnesses can testify via video link.

“Three witnesses who were proposed to be permitted to testify in this mode, one Mark Henzelin of Switzerland is willing to travel to Kenya, another Clyde Christopher P. Marklew, resident of the United Kingdom is willing to testify in the proposed mode from the Kenyan High Commission offices in London, while the last Prof Jason Sharman, Australian citizen resident in UK has also confirmed that he wishes to testify thorough video-link,” prosecutor Emily Kamau told the court.

Defence  lawyer  Carren Sadia while taking issue with the request for further adjournment of the proceedings said “justice delayed is justice denied.”

The lawyer said witnesses appeared to want to control the trial and attend court at their own comfort.

“When the witnesses recorded statements they knew they duty they had in court…they are now asking the court to stop until they are available,” Sadia objected.

She said accused persons cannot be prosecuted in eternity. Sadia said the witnesses appear to be dictating when they can attend court.

Unwillingness to show up

Wako and Kinyua had written letters to the prosecution stating that they would be busy till end of July 2018.

The former AG’s availability has been an issue in the trial before and court records contain remarks about his unwillingness to to show up in court.

Kinyua said in his letter that he would be out of the country.

Lawyer Edward Oonge said hearing dates are taken due to the seriousness of matters and that parties have to block out everything to give court proceedings a precedent.

Kamau said the two witness have been willing to come and apologised for their non-availability during the scheduled dates. “We regret this situation,” she said.