Audiovisual recordings by Spencer Sankale will be used as evidence in the Sh177 million Maasai Mara University corruption case, court has said.
Sankale, the whistle blower is a witness in the graft case.
On Friday, the court overruled an objection by the defence team to use the recordings, which they claimed were obtained illegally.
The defence argued that the prosecution had not met the requirements of Section 106 of the Evidence Act, noting that they had not been supplied with the certificates to identify the recordings.
Led by Steve Biko the lawyers representing the five suspects objected the use of the recordings on a mobile phone and a smart watch as evidence.
However, chief magistrate Bildad Ochieng agreed with the prosecution's submission that the evidence was legally collected by the witness, who was at work.
Ochieng noted that the electronic record was made by the prosecution witness who was having a lawful control over the computer used and met the threshold of Section 106b (2).
“The contention that the audio/ video recording was obtained illegally does not hold any water given that the same was made by the witness in the ordinary course of his work,” Ochieng said.
In the case, Prof Mary Walingo and the four senior public officers are accused of conspiring to misappropriate Sh177,007, 754 from the university on diverse dates between January 24, 2016 and July 19, 2019
Sankale testified that Walingo conspired with the suspects to siphon millions of shillings without adhering to procurement and financial requirements.
The hearing will continue in May 15-16, 2023.
