Kirinyaga Governor Anne Waiguru appeared in court on Wednesday morning to testify against former PS Peter Mangiti, former Director General Nelson Githinji and 22 others in the Sh791 million NYS case.
The governor appeared before Milimani Chief Magistrate Francis Andayi and shed light on how millions of shillings were lost during her tenure as Devolution Cabinet secretary.
Waiguru is listed as a crucial witness in the case and has been bonded by the DPP to give evidence in the matter.
However, the court was told that two persons have died – a lawyer and an accused person.
The prosecution said it had a witness in court and was ready to proceed.
An application had been made to request that the court bar the media by covering the proceedings, citing apprehension that some of the statements may be “misreported and taken out of context”.
However, the defence lawyers urged the magistrate to allow the case to be covered.
“This is an open court and media is allowed to cover. We however request that we reschedule the hearing to another date for ample space.”
Some said they were given a nine page witness statement and have not had time to look at it.
Other lawyers have complained of not being given all witness statements from the prosecution.
The prosecution objected to having the case adjourned, saying the date was taken by consent and all counsels were present.
“We had to reschedule the dates to accommodate her.”
“The matter has taken too long and we have other prosecutors who have come in. There is nothing new that has been supplied to the defence.”
The DPP further said the application to bar the media is not because of integrity but because of Covid-19 regulations.
“On grounds of the passing of lawyer Joseph Wagara and for lack of a presentational of two accused persons, the case cannot proceed”, the magistrate ruled.
The two accused persons who were being represented by Wagara have been given two weeks to get new counsels.
The case was adjourned to August 5.
Last year in July, suspects were ordered to surrender property worth millions of shillings.
The High Court allowed forfeiture to the State of some properties believed to be proceeds of crime acquired from funds that were syphoned from the NYS coffers.
Justice Mumbi Ngugi had directed that a maisonette in Kasarani, a plot in Ruiru and four Toyota Prados be forfeited to the government following a successful case by the Assets Recovery Agency.
The house was valued at Sh21 million, the land in Ruiru at Sh3.8 million and each of the four Toyota Prados was bought for Sh5.2 million.
In her judgment, justice Ngugi said the Assets Recovery Agency had established on a balance of probabilities that the properties subject of the application were acquired using funds fraudulently obtained from the NYS.
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