ELECTRONIC evidence produced by EACC in the Anglo Leasing case cannot be authenticated, a trial court has been told.

The exhibits, compact disks and a flash disk, according to a lawyer, failed to comply with  an adverse section of the law.

Senior Principal Magistrate Martha Mutuku was told, the contents of the disks cannot be verified as they have been brought to court without pre-qualifying certificate(s) of authentication.

An investigator, Gideon Rukaria confirmed he did not receive any certificate of  authentication to confirm the authenticity of the documents as received from Switzerland.

The witness would neither confirm if there was “manipulation” of the electronic document in question.

He said he was not the author of the documents but participated in analysing excerpts that were compiled for the case.

Exempted contracts

Rukaria said he was aware the Anglo Leasing files were returned to cover certain grey areas under the guidance of prosecutors.

He recalled that at the height of investigations the then auditor general Evans Mwangi had refused to have certain things recorded in his statement but accepted that he approved exempted contracts.

Rukaria said he was aware the reports on the inconclusive nature of the Anglo Leasing investigations became a subject of a high court case.

But the detective said he was not aware of a conclusion drawn in a high court judgement on September 18 2015 that had punched holes in the prosecution of the Anglo Leasing case as not grounded prima facie.

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The witness would equally not recall signing the controversial report(s) on the Anglo Leasing investigation in the company of state prosecutors Emily Kamau, Nicholas Mutuku, Mungai Warui, Lilian Obuo Ephantus Mutai and Geoffrey Oyugi.

He also would not recall when this committee sat to deliberate on the report reading partly that “it had been established that the companies involved in the contracts were registered(not fictitious) and operated in foreign jurisdiction.”

Holding brief

The witness confirmed that  the implementation of the contracts had been certified  “urgent.”

“From the documents it was acknowledged that the people who negotiated for the government were competent technocrats,” Rukaria said.

Sadia Carren who was holding brief for SC Ahmednassir Abdullahi put to task  the prosecution witness and demanded to know why he did not have a certificate of authentication to confirm the contents of the compact disks and a flash disk he received from Dr Marc Henzelin under the Mutual Legal Assistance(MLA) from Switzerland.

Proceedings resume on  December 13 2018.