Lawyers reject photocopy evidence from ex–AG Wako

Deputy DPP Jacob Ondari at Shanzu law court on 26th September 2013.Photo Elkana Jacob
Deputy DPP Jacob Ondari at Shanzu law court on 26th September 2013.Photo Elkana Jacob

Defence lawyers have opposed attempts to produce photocopies of legal opinion from the then AG Amos Wako approving the Anglo Leasing contract for supply of police security equipment.

The objection was raised by a team of lawyers, led by Kioko Kilukumi, when state prosecutor Jacob Ondari asked the former AG to produce the photocopies after identifying them as certified copies.

The defence said prosecution had not demonstrated why they could not comply with the Evidence Act and bring original documents instead of photocopies.

In his evidence, Wako identified the photocopies of letters he signed, saying they were genuine and bore his signature.

Ondari made an application, asking magistrate Felix Kombo to allow the witness to produce copies of documents, as the originals sent from the AG’s office to Treasury could not be traced.

The court heard the investigating officers from the EACC probing the multibillion-shilling security contracts offered to international company Sound Day Corporation could not trace the original documents.

In the case, former PSs Joseph Magari (Finance), Dave Mwangi (Provincial Administration) and David Onyonka (head of debt management at the Treasury) and three businessmen are charged with conspiring to defraud the government €40 million (Sh4.9 billion).

The businessmen are Deepak Kamani, Rasmi Kamani and Chamanalal Kamani. Kilukumi said the Evidence Act states that only original documents are to be produced in court during prosecution of cases. The case will be mentioned on July 18.