A top investigator with the Ethics and Anti-Corruption Commission (EACC) has disowned a report prepared by the anti-graft agency showing firms contracted for Anglo Leasing contracts delivered goods and are owed cash.
Gideon Rukaria said he was not aware of the report that was tabled in court last year and had his signature together with those of three other EACC staff and four from the office of the Director of Public Prosecutions (DPP).
The report prepared in 2014 reveals the DPP and EACC investigators had reached a conclusion that Sound Day Corporation delivered goods to the police, including helicopters to the police under the Anglo leasing contracts.
The report further indicated that the State owes Sound Day Sh134.3 million for security goods delivered on April 2014 and which were not paid for.
On Tuesday, Mr Rukaria was at pains to explain why he has never complained over his signature on the EACC document despite claiming it was forged.
He told defence lawyer Kioko Kilukumi that he has never complained in relation to the matter.
Senior Principal Magistrate Felix Kombo Tuesday allowed Mr Rukaria to temporarily stop testifying to allow the prosecution to challenge at the High Court the use of the EACC document in the Anglo Leasing trial.
The court reached the decision after it emerged that prosecution lawyer Emily Kamau also denied knowledge of the EACC documents that had her signature.
“The court finds itself in a predicament as the document objected to also contain the name of Mrs Emily Kamau who is conducting the trial and leading the witness in this trial,” said Mr Kombo.
High Court judge Hedwig Ong’udi last year opted not to block the use of the EACC document in the Anglo Leasing trial following opposition from the prosecution. “When it comes to delivery of the security equipment under the modernisation contract, there exists documentary as well as physical evidence of the equipment delivered,” notes the EACC document.