Court grants DPP 30 days to supply evidence in Wycliffe Wangamati graft case
Defence lawyer, Peter Wanyama, told the court they were not ready for pre-trial directions as crucial documents had not been supplied by the Ethics and Anti-Corruption Commission (EACC).
The Anti-Corruption Court has directed the Office of the Director of Public Prosecutions (ODPP) to supply evidential material within 30 days in the Sh31 million corruption case facing former Bungoma Governor Wycliffe Wangamati, 10 former county officials, and contractors.
Milimani Chief Magistrate Charles Ondieki on Thursday ordered the DPP to furnish the accused persons with all mandatory information, including a full list of witnesses, the nature of their testimony, and the estimated time each witness will take.
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"The court directs that the prosecution must supply all evidential bundles and witness information to the defence within 30 days. Hearings will proceed on a day-to-day basis where necessary, and no adjournments will be entertained unless necessary," Magistrate Ondieki ruled.
Defence lawyer, Peter Wanyama, told the court they were not ready for pre-trial directions as crucial documents had not been supplied by the Ethics and Anti-Corruption Commission (EACC).
He said the defence had written two letters to the commission and even visited its offices on Wednesday to follow up, but were informed the documents were not ready.
"We seek an adjournment so that we can review the evidence, assess the case load, and know the number of witnesses expected," Wanyama submitted, adding that the defence would abide by the court's directions.
On his part, State Counsel Vincent Monda, appearing for the DPP, confirmed they would comply with the court's orders.
"The accused persons are represented by several lawyers, and we need a lead counsel to be supplied with the evidential material. We intend to supply within 30 days," Monda said.
The case will be mentioned on October 31 to confirm compliance with the court's directions.
Earlier, Wangamati and his co-accused were charged at the Milimani Law Courts with 27 counts, including fraudulent procurement, conflict of interest, and money laundering.
They are alleged to have used falsified completion and liability certificates from government agencies and institutions to fraudulently secure road and construction tenders between 2018 and 2021 through firms linked to them.
The companies involved include Valeria Construction Limited, Nabwala Construction Limited, Mundesi Contractors, and Skyman Freighters Limited. Investigators say the firms presented forged documents purportedly from the Kenya Wildlife Service, county governments of Kwale, Garissa, Uasin Gishu, Tana River, and Turkana, as well as the National Irrigation Board and Nakuru Water and Sanitation Company.
In one of the counts, Nabwala Construction Limited and its directors, including Michael Wangamati and Barasa Wangamati, are accused of acquiring Sh271 million in a Cooperative Bank account, knowing the money was proceeds of crime.
All the suspects denied the charges and were released on bail.
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