Prosecution documents in Angloleasing case dismissed over authenticity

Tuesday, August 3rd, 2021 13:22 |
Senior Counsel Ahmednassir Abdullahi. Photo/PD/FILE

Thirty-two prosecution documents in the Angloleasing case have been disputed over their authenticity.

According to defence Ahmednassir Abudulahi, they object to the production of the documents as evidence in the case on four legal grounds.

"We undertake to file an inventory which will raise four grounds of the objection of the documents in question being used in the case," he said.

The prosecution had intended to table 146 documents relating to the case in which the late David Mwiraria, Joseph Magari, Dave Mwangi and David Onyoka and three businessmen are charged with conspiracy to defraud the government.

The parties agreed that part of the documents that are not in disputed be presented and marked as exhibits in the matter.

However, the questioned documents remained 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 a notice of objection contesting the documents from the defence," state counsel Mary Gateru said.

The trial magistrate, Felix Kombo, directed the defence team to file their inventory by 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 from the OP, Treasury, Immigration and Mutual Legal Assistance (MLA) details supplied to the 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 case revolves around a government project of modernization of police departments by enhancing security surveillance.

The government of Kenya had entered into a contract with SoundDay Corporation before it terminated it.

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