The DPP has filed an application seeking to add more charges in a case where former Kiambu Governor Ferdinand Waititu is charged with Sh588 million fraud case.
In an application filed on September 29, the prosecution is seeking to amend the charges for further disclosure of additional evidence produced in court by the Ethics and Anti-Corruption Commission officer Rahma Bishar who testified on September 30.
The state says that upon further review of the prosecution’s case and the evidence, it came to their attention that there was a need to amend the charge sheet and for further disclosure of additional evidence.
They added that on June 17, 2021 the prosecution served to the accused their counsel’s additional documents.
The court has been informed that the application is made in good faith and will not prejudice any party as the accused will be accorded enough time to test and challenge the prosecution case.
Bishar is an investigation officer with the Ethics and Anti-Corruption Commission.
In his affidavit, he said they need to amend the charges to assist the court in its fair administration of justice where proper charges are framed as per evidence.
The governor through his lawyer John Swaka opposed the application saying the prosecution is withholding some of their documents and they cannot even file returns.
Anti-Corruption magistrate Thomas Nzioka said he will deliver a ruling on the matter on November 3.
Waititu, his wife Susan and eight others are facing prosecution over an irregular Sh588 million tender award.
They denied corruptly receiving more than Sh50 million while knowing it came from the county government.
They are all out on bond.
-Edited by SKanyara
