Some of the original files for the Anglo Leasing contracts cannot be traced, derailing investigations into the multi-billion-shilling security deals.
Senior Deputy Solicitor-General Muthoni Kimani on Tuesday told Chief Magistrate Felix Kombo that seven original documents detailing communication between the Attorney-General, Treasury, Office of the President and Transport ministry cannot be traced.
The original legal opinion from then Attorney-General Amos Wako that gave approvals for the security contracts is also misplaced.
Ethics and Anti-Corruption Commission (EACC) had in their letter dated February 6, 2015 made an urgent request for original documents used in the Anglo Leasing contracts to aid investigations.
They had requested that the documents be availed by February 9, 2015.
“I was personally assigned the task of locating the said files but after thorough search, I was unable to locate them,” said Mrs Kimani.
The files were at the time being manned by a clerk who was later moved to the office of the Director of Public Prosecution (DPP).
Mrs Kimani was testifying in a suit where former senior government officials and businessmen are facing charges related to the security tenders that the government has termed irregular.
A previous case fell apart in 2005 because of a lack of evidence.
On Tuesday, the prosecution was asked to share documents received from Switzerland with accused and their lawyers before they are accepted in court.
This is in line with the law that demands the accused access all documents related to the cases in advance.
Mrs Kimani told the court that in 2006, the government was sued in the Netherlands and its embassy in that country was almost being attached.
Hearing resumes on April 26.