The chief investigating officer’s absence forced an adjournment after the DPP informed the court that he has not been able to reach Gideon Rukaria.

This witness had been  directed by the high court to testify and returns in the cross hairs of the defence and against a rider that there should be no further delay in the proceedings ” and that the matter be finalised as soon as possible.”

Click the link below to read earlier post for background:

Anglo-leasing: Gaps in investigation files now return to haunt prosecution case

Rukaria has been summoned to court to proceed from where he was stood down in August.

The DPP told court they could not reach him as he had been transferred to Machakos county.

Without delay

Rukaria, was  stood down in the trial court pending a determination in the high court on the admissibility of evidence the defence wanted to introduce in cross examining him.

The issue has since been settled and parties were directed to prepare for hearing “without delay.”

In August, the  prosecution wanted to stop the production of  evidence entitled  “Report on Anglo-leasing Investigations” saying it may prejudice its case.

The contention centered around documents- EACC memos- that seem to suggest that there was insufficient evidence to bring the Anglo-leasing cases to court …

Click the link below for a backgrounder:

Prosecution suffers blow as “Reports on Anglo-leasing Investigations” allowed as evidence

When it became apparent that  an adjournment had been forced , the prosecutions request to reschedule Rukaria’s appearance and sequence of witnesses was rejected.

To bring the house to order, trial magistrate Martha Mutuku, ruled that  Rukaria be brought to finish his testimony before more witnesses can take up the stand.