ORIGINAL documents for the Anglo Leasing contracts got lost after being transferred from government’s secret registry to the Ethics and Anti-Corruption Commission (EACC), a trial court has heard.
Retired Principal Records Management Officer Philip Langat told the court some of the documents were handed over to the Kenya Anti-Corruption Commission (KACC), now the Ethics and Anti-Corruption Commission (EACC), in 2006.
The prosecution has been at pains to explain the whereabouts of original documents that were collected from the registry during investigations into the Anglo Leasing security contracts.
“Occasionally, KACC officers would come for the originals of some of the documents I had previously issued certified copies. With the permission of the permanent secretary, then Dave Mwangi, I would hand over the original documents or files containing the documents to KACC officers,” Mr Langat said.
The EACC had in its letter dated February 6, 2015, made an urgent request for original documents with office of the Attorney General saying they were unable to trace the documents.
Yesterday, Mr Langat told the court that the movement of secret documents remains unclear
“I am aware some original documents cannot be traced because may be the said originals were taken directly to the PS and may be the PS or any authorized officers did not release the documents to the secret registry,” he added.
The Evidence Act requires that original copies be produced during trial, except for instances of great exemption.
The original documents included communication between the Attorney-General, the Treasury, Office of the President, and Transport ministry on supplies of security equipment as well as pre-contract letters touching on the contracts.
The original legal opinion from the then Attorney-General Amos Wako that gave approvals for the security contracts is also misplaced.
The retired officer said the Permanent Secretary, Provincial Administration and National Security office had received several letters from the defunct defunct Kenya Anti-Corruption Commission (KACC) requesting for various documents related to the security projects that had been handled by the office of the president.
“I provided the officers with certified copies of the documents initially after confirming that the originals were held in our office,” he explained.
However, as time went by, he explained that some of the original documents were handed over to KACC officers in 2006, either as individual single documents or the file after receiving instructions from the accounting officer.
Directly to the PS
Langat, who retired in December 2007, however said he was aware some original documents could not be traced because, “may be the said originals were taken directly to the permanent secretary, and may be the permanent secretary or any authorized officer did not release the documents to the secret registry.”
The issue of where some of the original documents could have been has played out during the hearing of the anglo leasing case.
Previously, the prosecution has been at pains to explain the whereabouts of original documents that were collected from the Secret Registry during investigations into the Anglo Leasing security contracts.
The original documents included communication between the Attorney-General, Treasury, Office of the President and Transport on supplies of security equipment as well pre-contract letters touching on the Anglo Leasing contracts.