A trial court has been told a company named in the Anglo-leasing case had been supplying police security equipment to the government of Kenya (GoK) for years.
Letters dating to 1993 were shown in court as evidence of police department confirming receipt of goods, testifying to the sound relationship.
But former PS Joseph Kinyua was “unaware” that Sound Day Corporation was successfully supplying GoK since 1993.
However, he confirmed he had no evidence of fraud against the company adding that he “does not have any issue with Sound Day Corporation.”
Kinyua was hard pressed by defence lawyers at one time who demanded from him whether it is a court of law to determine whether a contract is fraudulent or not or is the work of “the executive.”
Earlier former AG Amos Wako confirmed having signed the promissory notes in relation to the contract and confirmed they were legally binding and enforceable.
Wako said his legal opinion was required urgently concerning the contract and at a later stage engaged Mutual assistance from a foreign firm. He also knew about its cancellation.
No questions for Wako
He said he was tasked to give a legal opinion to validate the use of promissory notes and assigned Dorcas Achapa who gave him an opinion.
“I read the opinion as drafted by Achapa and agreed with it…the effect of it was to confirm that the person who signed on behalf of the government had the legal capacity to sign the notes, it further confirms that they are valid, binding and enforceable,” the former AG now Busia senator said.
The prosecution ran into a fresh documents hitch after the trial court barred it from producing copies of documents which have not been traced to date.
Lawyers had no question for Wako.
Kinyua said he asked Wako to cancel the contracts but received no reply.
He said no goods were supplied to the government adding he was unaware that other witnesses had confirmed receipt of goods in excess of what had been paid to the supplier.
Lawyers primed on acknowledgement letters read in open court stating “goods supplied outstripped monies paid.”
Element of fraud
Kinyua stated that the contracts were fraudulent because the government declared them so, causing momentary rounds of laughter in the packed courtroom.
He said he was not aware of any court declaring that the contracts were fraudulent.
Kinyua was unaware that the police commissioner had confirmed that his department had received goods worth 8 million USD and that Sound Day had delivered goods in the past.
He said he could not single out any element of fraud against the company.
The proceedings have been adjourned to July 2018.