PREPARING DEFENCE

State ordered to give NYS suspects all evidence in 3 days

Defence given 14 days to peruse the evidence and prepare their response

In Summary

• Prosecution said there will be no prejudice caused to the suspects as only one witness had already testified. 

• Defence accuses prosecution of misleading court, perjury by not disclosing all exhibits during charging. 

Former Youth and Gender PS Lilian Omollo (R) and a other suspects in the NYS scandal at the Milimani law courts on June 20.
CONTINUOUS DISCLOSURE: Former Youth and Gender PS Lilian Omollo (R) and a other suspects in the NYS scandal at the Milimani law courts on June 20.
Image: COLLINS KWEYU

The prosecution in NYS scandal against former PS Lillian Omollo and 29 others has been directed to supply all suspects with new evidence in its possession in three days.

Anti-corruption magistrate Douglas Ogoti allowed the defence 14 days to peruse the exhibit and prepare their defence.

The former PS, former NYS director general Richard Ndubai and 28 others are facing charges in relation to the National Youth Service scandal in which hundreds of millions of shillings of public funds were lost.

 

The documents, which had not been supplied to the suspects, included copies of issue notes, counter books and receipts that were part of the exhibits. 

The prosecution sought to supply the exhibits arguing that disclosure is continuous as they discovered the documents during pre-trial statements of three witnesses.

It sought to be allowed to rely on those new documents to ensure a just and fair decision is reached by the court.

It further argued that there will be no prejudice caused to the suspects as only one witness had already testified.

However, this was opposed by Omollo's lawyer Stephen Ligunya, saying the prosecution ought to have disclosed all documents in their possession during charging of the accused.

The prosecution had said it had disclosed all documents, Ligunya said, "therefore, by turning around on that statement, it is misleading court and is guilty of perjury".

He questioned where and how the documents had been received.

 

The case will be mentioned on October 23. 

Edited by R. Wamochie