A Nairobi law court has rejected a request by the prosecution that if accepted would have seen introduction of four additional witnesses and statements at the tail end of the Anglo-leasing case.
The Milimani Senior Principal Magistrate, Martha Mutuku, upheld the objection raised on the basis of prejudice by the defense lawyers who were lead by Senior Counsel Ahmednassir Abdullahi.
The magistrate agreed that the plea was an afterthought from the DPP. Moreover, she stated that allowing such evidence to be produced in the court and at such a time would not only set a bad precedent but would also be prejudicial and a mockery of the criminal justice system if not an attempt to subvert the judiciary’s gains in the pursuit of fairness in a trial.
The magistrate averred that the accused persons had a constitutional right to fair trial as stipulated in Article 50 of the Constitution of Kenya. This fundamental human right encompasses the supplying of all documents and lists of witnesses to the defense for purpose of adequate preparations prior to commencement of a case.
The magistrate, Martha Mutuku, also took a swipe at the DPP and wondered whether the investigations into the case were yet to be concluded. She claimed that from the onset of the case the DPP never indicated that they would bring additional witnesses . If such a plea was to carry weight and swing the courts opinion then the DPP ought to have anticipated the introduction of new witnesses and shared with the defense in time as opposed towards the tail end of the trial.
In conclusion, the magistrate opined that principles of law must be respected in a trial. She categorically stated that no convincing reason had been given as why the witnesses were to be introduced at the end of the trial.
The hearing has been scheduled to continue on September 11, 2019.
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