- The additional documentary evidence include letters to the Auditor General and chief land registrar dated January, 2018.
- In 2020, Ongoro opposed the intention of the DPP to drop Kenya’s Ambassador to Malaysia from the case.
Image: ENOS TECHE
A court will rule on April 12 rule on whether it will allow the DPP to adduce new evidence in the graft case against former Kasarani MP Elizabeth Ongoro.
Anti-Corruption Court senior principal magistrate Peter Ooko on Thursday gave the ruling date after the parties agreed that the application had been served.
In the application by the Director of Public Prosecutions, he said the new evidence and witnesses will assist in pinning Ongoro and nine others in the case.
In the initial charge sheet, the amount of money lost was Sh48 million.
And in the new charge sheet, Ongoro, her husband Ferdinand Kenga and eight others embezzled public funds amounting to Sh43 million from the CDF meant for the construction of Kasarani Girls High School.
The number of accused persons in the case is now 10.
They are Ongoro, Kenga, James Dola, Silvan Onyango, Pamela Achola, William Ogutu of Nyangina Enterprises and Maurice Odhiambo of Komala Constructions, Jecinta Opondi and Accurate Construction and Engineering Works Limited.
The new developments come after the investigating officer told the prosecution some new documents which had not been obtained or were in the process of being acquired by the time the case commenced, are now in their custody.
“The documents are crucial, relevant and substantial for the just and fair determination of the case,” the prosecution said.
The additional documentary evidence include letters to the Auditor General and chief land registrar dated January, 2018.
Others are letters to registrar of companies, senior chief Mathare North location, subcounty director of education and CEO national CDF board dated August, 2019, and a letter from the Ministry of Education.
The addition of these documents if allowed by the court, will mean that the prosecution amends its charge sheet.
In an affidavit, Nancy Chechieng, an investigator with the EACC, said if their application is allowed, they do not intend to recall any witness who testified in the matter, but will proceed with the remaining witnesses.
“When the evidence was reviewed, it has become necessary to have the charge sheet amended and remove some accused persons,” Chechieng said.
In 2020, Ongoro opposed the intention of the DPP to drop Kenya’s Ambassador to Malaysia from the case.
They sought to have the DPP explain the reason informing its decision to withdraw the charges facing the diplomat, Ruth Kanini Kittony.
Kittony was employed by the CDF board as a district development officer before her appointment as a diplomat.
The DPP, after evaluating the evidence, saw it fit to have her as a witness and not the accused. No further details were provided.
On Monday, the investigating officer said the amendment of the charge sheet is lawful and will not prejudice the rights of the accused.
“It would be prejudicial to the fair administration of justice and public interest in criminal cases if the prosecution is not allowed to disclose all material in their possession and amend the charge sheet,” her affidavit reads.
The new documents have since been secured. The inventory listing the 100 documents is dated March 10, 2022.
The officer also obtained seven witnesses to testify on the additional documents.
She said the obligation of disclosure may run throughout the trial process until the close of the prosecution case.
“The duty of disclosure by the state is continuous and is to be updated when additional information is received," she said.
"I am also under the obligation to assist the court in its fair administration of justice to make disclosure when there is evidence that has not been disclosed."
The prosecution said the accused shall not be prejudiced by the orders sought because they shall be given sufficient time to consider the material disclosed and prepare for their defence.
(edited by Amol Awuor)