Thirty-two prosecution documents in the Sh 3.5 billion Anglo-leasing case have been disputed over their authenticity.
According to defence lawyer Ahmednasir Abudullahi they object to the production of the documents as evidence in the case on four legal grounds.
“We will be objecting to the documents and we undertake to file an inventory which will raise four grounds of objection to the documents in question being used in the case,” he said.
The prosecution through state counsel Mary Gateru had intended to table 146 documents relating to the case in which the late former finance minister David Mwiraria, Joseph Magari, Dave Mwangi and David Onyonka and three businessmen are charged with conspiracy to defraud the government.
The parties agreed that part of the documents that are not in dispute be presented and marked as exhibits in the matter.
However,the questioned documents remain unmarked and can only be admitted after the parties present their arguments and the court makes a finding on where they can be used or not.
“We have received an informal notice of objection contesting the documents from the defence,” state counsel Gateru said.
The trial magistrate, Felix Kombo, directed the defence team to file their inventory by today( August 4 2021) by close of business and return to court on August 5 2021 for “oral submissions” on the matter.
The production of the documents comes after investigating officer Ignatius Wekesa completed his evidence-in-chief in the long drawn case.
Among the documents are copies of correspondence form the OP, Treasury, Immigration and Mutual Legal Assistance(MLA) details supplied to former Kenya Anti-Corruption Commission ., now EACC, by Britain government.
They are likely to be contested on grounds of authorship, how they were obtained from various institutions, the authenticity of signatures among others.
The Kenyan government had entered into a contract with the directors of Sound Day corporation company incorporated in the British Virgin Islands to supply police security equipment.
The Kamani brothers, Mwangi, Magari and Onyonka were charged in 2015 with conspiracy to defraud the government of billions of shillings.
In the case the former senior government officials and the three businessmen were charged in 2015 with conspiracy to defraud the government Euros 40 million (Sh3.9 billion).
Prosecution alleges that two companies Sound Day Corporation and Apex Finance Corporation signed for the contract to supply security equipment to the Police Department were direct beneficiaries of the monies which cost the government Euros 40 million.