A report prepared by the Ethics and Anti-Corruption Commission (EACC) that absolves a company adversly mentioned in the Angloleasing case of any wrong doing has formed a new bone of contention after a key witness disowned it.
Gideon Rukaria,an has investigator with EACC, denied signing the report by the anti-graft body which showed the Kenya government owes the Anglo leasing company money instead.
The prosecution had disowned the very document in a separate case,and wanted it expunged from the proceedings, but High Court Judge Hedwig Ongudi ruled that it is the trial court to decide what evidence is admissible and not admissible.
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Rukaria claimed that though the report prepared by top officials from the office of the Director of Public Prosecutions (DPP) and EACC, had his signature, he does not remember signing it.
The contested document prepared in 2014 reveals the DPP and EACC investigators had come to the conclusion that , Sound Day Corporation, had supplied goods valued at Euro 1,158,434 for which no payment was made by the government.
The goods were supplied on October 21, 2004.
It has has the signatures of eight officials, including those of top legal minds in the country that had been tasked to give direction in the controversial business contract.
Rukaria however acknowledged that there were indeed several meetings the EACC and DPP officers held, with some minutes being recorded and signed and others without minutes to deliberate on the issue before engaging the then Attorney General.
The trial magistrate Senior Principal Magistrate Felix Kombo allowed Rukaria to temporarily stop testifying to allow the prosecution to challenge the document in the high court after it emerged the prosecutor, lawyer Emily Kamau, was also contesting the authenticity of the document which also bore her signature as one of the DPP officers who prepared it.
“The court finds itself in a predicament as the document objected to also contains the name of Mrs Emily Kamau who is conducting the trial and leading the witness in this trial,” Kombo remarked.
Rukaria said he has never complained in relation to his signatures being found on the report.
Hearing resumes on May 28 2019