The original documents included communication between the Attorney-General, the Treasury, Office of the President, and Transport ministry on supplies of security equipment as well as pre-contract letters touching on the contracts.
The original legal opinion from the then Attorney-General Amos Wako that gave approvals for the security contracts is also misplaced.
The Evidence Act requires that original copies be produced during trial, except for instances of great exemption.
Some of the original documents for the Anglo Leasing contracts that were stored at the government’s secret registry cannot be traced. The prosecution was Thursday at pains to explain the whereabouts of original documents that were collected from the registry during investigations into the Anglo Leasing security contracts.
The original documents included communication between the Attorney-General, the Treasury, Office of the President, and Transport ministry on supplies of security equipment as well as pre-contract letters touching on the contracts.
The original legal opinion from the then Attorney-General Amos Wako that gave approvals for the security contracts is also misplaced. The Evidence Act requires that original copies be produced during trial, except for instances of great exemption.
Retired Principal Records Management Officer Philip Langat told the court yesterday that some of the documents were handed over to the Kenya Anti-Corruption Commission (KACC), now the Ethics and Anti-Corruption Commission (EACC), in 2006.
“Occasionally, KACC officers would come for the originals of some of the documents I had previously issued certified copies. With the permission of the permanent secretary, then Dave Mwangi, I would hand over the original documents or files containing the documents to KACC officers,” Mr Langat said. But the EACC had in its letter dated February 6, 2015, made an urgent request for original documents, and Senior Deputy Solicitor-General Muthoni Kimani who was tasked with the search. Mrs Kimani later said she was unable to trace the documents.
Yesterday, former PS in the Office of the President Dave Mwangi made an application to the court for two original reports from the EACC investigations to be made available. Photocopies of the report indicated security kits linked to the contracts were delivered at the Kenya Police armoury and that the government is yet to pay for the goods. “Mr Mwangi intends to challenge evidence of the investigating officers and the original documents are absolutely necessary for that exercise,” lawyer Kioko Kilukumi told the trial court yesterday.
A previous case fell apart in 2005 because of lack of evidence. Former senior government officials and businessmen are facing charges related to the security tenders that the government has termed irregular.
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