Court directs prosecution to share all evidence in Governor Natembeya graft case by June 16
The prosecution had asked for two more weeks to comply with the earlier orders on material disclosure.
A Milimani Court has directed the prosecution to provide the defence with all materials it intends to rely on in the case against Trans Nzoia Governor George Natembeya.
This directive follows an admission by the prosecution that it had failed to comply with an earlier court order regarding the disclosure of evidence.
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In its ruling, the court directed the prosecution to disclose all relevant materials on or before the 16th of this month, when the matter will be mentioned.
"Those documents and statements ought to have been supplied by now...I therefore direct the prosecution to comply with the earlier orders," the anti-corruption trial magistrate ordered.
The prosecution had asked for two more weeks to comply with the earlier orders on material disclosure.
"Most of the documents are to be obtained from Trans Nzoia County, and we have been unable to access them. We are requesting an additional two weeks to comply," submitted State Counsel Victor Awiti.
However, the defence opposed the application, arguing it amounted to an abuse of the court process.
"Why would they visit the county offices without informing us, so that our legal team could be present? Now they are asking for more time. That is not how the criminal justice system operates—you do not charge someone first, then begin looking for evidence," the defence argued.
"We strongly oppose the application for an extension of time."
In its ruling, the court directed the prosecution to disclose all relevant materials on or before the 16th of this month, when the matter will be mentioned.
Governor Natembeya is facing three counts: unlawful acquisition of public property, conflict of interest, and indirectly benefiting from public funds.
Immediately after the court case concluded, a dramatic scene unfolded as plainclothes police officers arrested three individuals alleged to be staff members of the Trans Nzoia County government.
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