A six-year-old graft case is on the verge of collapse after the Ethics and Anti-Corruption Commission (EACC) admitted it had lost a key exhibit.
The setback has prompted Director of Public Prosecutions (DPP) Renson Ingonga to consider withdrawing the case.
In a letter to the DPP, Mogare Oira, the EACC’s Upper Eastern Regional Manager, acknowledged the loss of the exhibit and recommended withdrawal.
“The hearing of this case has not progressed since the fifth witness was stood down due to unavailability of the money exhibit… the integrity and credibility of the chain of custody is affected and will likely face legal challenges. In view of the above, we are of the opinion that your esteemed Office consider withdrawal of the case,” the letter reads in part.
The case began in 2019 following an operation at the Marimanti Law Courts in Tharaka Nithi.
The EACC reported that one Judiciary officer, Moses Gitonga, had been arrested during the operation on allegations of soliciting a Sh50,000 bribe.
Gitonga was subsequently charged with four counts of bribery and abuse of office.
At the time, the anti-graft agency said marked notes had been used in the operation.
However, the prosecution faltered after the Sh50,000 marked currency, which was central to the case, could not be produced in court.
The trial stalled after witnesses had testified, with proceedings unable to continue in the absence of the exhibit.
The development places pressure on the DPP, who must now decide whether to proceed or seek withdrawal.
Such a move would effectively terminate the case.
