The Anti-Corruption Court has ordered the DPP to provide the defence with all materials it intends to rely on in the trial against Trans Nzoia Governor Natembeya.
This is after the prosecution told the court that it had failed to comply with an earlier court order regarding the disclosure of evidence.
“Those documents and statements ought to have been supplied by now… I therefore direct the prosecution to comply with the earlier orders,” the court ordered.
The prosecution had asked for two more weeks to comply with the earlier orders on material disclosure.
State Counsel Victor Awiti says 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.
However, the defence opposed the application, arguing it amounted to an abuse of the court process.
Natembeya’s lawyers wondered why the state would visit the county offices without informing them so that the 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,” they argued
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 was charged with three counts of unlawful acquisition of public property, conflict of interest, and indirectly benefiting from public funds.
