Court grants DPP 30 days to supply hard-copy evidence in Barchok graft case

Bomet Governor Hillary Barchok (on the right) and Businessman Evans Kipkoech in Milimani Anti-Corruption court on August 17, 2025/JAMES GICHIGI

The Anti-Corruption Court in Nairobi has granted the Office of the Director of Public Prosecutions (DPP) 30 days to supply evidence in hard copy in the graft case facing Bomet Governor Hillary Kipng’eno Barchok, businessman Evans Kipkoech Korir and Chemasus Construction Limited.

Principal Magistrate Celesa Asis Okore issued the order on Wednesday after hearing submissions from the prosecution and defence during a pretrial mention.

The three accused persons have already pleaded not guilty to offences under the Proceeds of Crime and Anti-Money Laundering Act, 2009, including money laundering, conflict of interest and acquisition and use of proceeds of crime.

During the session, the DPP’s counsel told the court the prosecution was in the process of arranging documentation before serving the defence team and requested 30 days for disclosure, initially indicating an intention to supply documents electronically.

Lawyers representing Governor Barchok and his co-accused did not oppose the extension of time but insisted that the prosecution serve the material in the same format in which it will be produced in court, hard copy.

“We will indulge them on time, but in the manner of supply of documents, we want them in hard copy as the law requires. I also request that the matter be mentioned virtually on directions,” Lawyer Peter Munge representing Barchok said.

Munge added that investigators had been facilitated and had no reason to limit disclosure to soft copies.

Counsel for co-accused Evans Kipkoech informed the court that his client is a dairy farmer who may not have access to electronic information and requested that future pretrial sessions be held virtually so he can facilitate his client’s access to the proceedings via necessary gadgets.

In her ruling, Magistrate Okore granted the DPP 30 days to serve all documents on the defence and directed that the evidence be supplied in hard copy.

She further set October 28 as the next pretrial mention date to confirm service of documents and give further directions.

The charges relate to a transaction on or about March 10, 2021, in which Sh2 million allegedly moved from Chemasus Construction Limited’s Equity Bank account into an account held by Governor Barchok.

The prosecution alleges the transaction was intended to conceal the source of the funds. They have since denied the charges and were released on bail.