Head of Public Service Joseph Kinyua and former Attorney-General Amos Wako have been summoned to appear in court in June and testify in the Anglo Leasing case.
Chief Magistrate Felix Kombo on Monday issued the summons after it emerged that the two have repeatedly failed to appear in court and testify, and instead have offered numerous reasons to abstain as witnesses.
Lawyer Sadia Carren representing the accused on behalf of Ahmednasir Abdullahi expressed concern on delays by the prosecution witnesses including Mr Kinyua and Mr Wako, arguing that justice delayed is justice denied.
“I have noted the concerns raised by the defence, and I hereby issue summons against Mr Kinyua, and Mr Wako, to attend court on June 27,” said magistrate Kombo.
Mr Kinyua and Mr Wako need to testify in the suit where former senior government officials and businessmen are facing charges related to the multibillion-shilling security tenders that the State has termed irregular.
Mr Kinyua served as Permanent Secretary at the Planning ministry and the Treasury during the Moi and Kibaki regimes when some of the security contracts were initiated.
The court heard that the contracts received Cabinet approvals, including from then Attorney-General Mr Wako, who is now Busia Senator.
A previous case fell apart in 2005 because of a lack of evidence.
The court also allowed the prosecution to file an application to allow some foreign witnesses testify via video link.
The witnesses proposed to testify via the link are Clyde Christopher P. Marklew, resident of United Kingdom, and Professor Jason Sharman, Australian citizen staying in the United Kingdom.
Senior Assistant Director of Public Prosecution (DPP), Emily Kamau who is leading the prosecution case, was also allowed to recall an earlier witness, Michael Mubea, the Ethics and Anti-Corruption Commission Deputy CEO.
The prosecution inadvertently failed to give Mr Mubea part of the evidence to produce in court.