The Sh122 million fraud case against Kakamega deputy governor Ayub Savula and 29 others will resume Wednesday.
The case is being heard by Milimani chief magistrate Wendy Micheni.
Two more witnesses from the advertisement office have testified in the matter after the death of a key witness who was murdered last year.
In November 2021, Savula and former PS Sammy Itemere suffered a blow after the court declined to expunge evidence of the slain key witness Jennifer Wambua.
Milimani chief magistrate Wendy Micheni in her ruling said that there was no particular provision to expunge evidence that was lawfully and procedurally admitted to court.
She agreed with the prosecution that the matter had not been concluded yet.
"The evidence of the witness is admissible in court even though the weight may be slight,", the magistrate said.
The ruling came after the defense team asked the court to exclude the evidence of Wambua, arguing that her evidence had not been cross-examined.
Savula and former Ministry of Information PS Sammy Itemere and 28 others are charged with stealing Sh122.3 million from the Government Advertising Agency (GAA).
Elsewhere, a Narok court has ordered a 72-year-old man accused of killing his wife and setting their house on fire before attempting to poison himself to undergo a mental assessment before his murder trial starts.
