High Court Rules Against Disclosure Of Evidence Prior To Prosecution

Mercy Auma

5 years ago

The High Court has set aside the orders requiring the Director of Public Prosecution (DPP) to disclose evidence prior to charging and prosecuting corruption cases.

According to Star, a ruling by Justice Mumbi Ngugi on Friday, July 17, 2020 indicated that the initial orders by Anti-corruption Magistrate Douglas Ogoti were irregular.

Magistrate Douglas Ogoti had on May 14, 2020 delivered a ruling directing investigative agencies and the DPP to ensure that disclosure in each prosecuting file is done prior to the registration of a plea.

Justice Mumbi in her ruling faulted Ogoti stating that he accorded himself powers that had no basis by purporting to reject a charge sheet because the evidence was not disclosed.

Read: Justice Mumbi Ngugi Recuses Self From Sonko Graft Case

“I find no provision in law that empowers the court before which a charge sheet is placed for purposes of taking plea to reject the charge sheet on the basis that it is not accompanied by an inventory of the evidence the prosecution intends to rely on,” said Justice Mumbi.

This was in reference to the Sh357 million graft case that Nairobi Governor Mike Sonko is battling.

Earlier in February, the EACC disclosed that some witnesses in Sonko’s graft case would testify anonymously.

The agency told a Nairobi court that it had obtained orders from the High Court to place the witnesses under protection over sensitivity of the matter.

The witnesses, according to EACC, will use pseudo names in their statements and will give evidence in a closed-door session while ‘hiding’ in a box.

Sonko, who is out on Sh15 million bail, was in December last year charged with 19 counts of graft. He is accused of misappropriating Sh357 million from county coffers and irregularly awarding tenders to his close aides and forging documents leading to the loss of millions of shillings.

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