The Anti-Corruption Court on Wednesday accepted documents showing security kits linked to Anglo Leasing were shipped through the Mombasa port and delivered to the Kenya police.
A prosecution witness tabled a notice showing one of the Anglo Leasing firms — Sound Day — delivered the equipment in 11 containers through the Mombasa port on November 11 from Lisbon.
Principal magistrate Felix Kombo admitted the document be made part of the court record and evidence in the suit following protests from the suspects.
The notice dated November 10, 2003, titled notification of arrival of security equipment, indicated the arrival of the security cargo, a bill of lading that shows the receipt for cargo accepted for transportation and identity of the cargo ship.
Immediately the document was produced, defence lawyer Ahmednassir Abdullahi protested saying they had not been supplied with the document and the government had “all along claimed that no goods were supplied”.
The defence accused the prosecution of non-disclosure and failing to serve it with a document that may have changed the course of the trial.
Investigators have earlier claimed that firms linked to Anglo Leasing contracts were given money but failed to honour the contracts.
Mr Abdullahi said the shipment notice would have been exculpatory evidence — which means proof in a criminal trial that supports the idea that the defendant is not guilty.
“Here is evidence showing that goods were shipped and handed over to the government,” he said.
Former senior State officials and businessmen are facing charges related to the multi-billion shilling security tenders that the government has termed irregular and cancelled in 2013.
Documents tabled earlier in court showed that Sound Day is yet to be paid for security goods delivered and not paid for.
The trial was adjourned to July 11 with the two remaining witnesses set to testify.