A former senior forensic investigator at the Ethics and Anti-Corruption Commission (EACC) has admitted that evidence gathered for the Anglo Leasing trials had gaps.
Henry Mwithia told the court on Thursday that the Attorney-General's office had drawn the attention of the EACC to the loose ends in the evidence gathered, warning it could not sustain prosecution.
Then Attorney-General Amos Wako directed the EACC to address the gaps before arraigning the accused persons over the Anglo Leasing contracts, Mr Mwithia said.
Mr Wako had reportedly cited, among others, the lack of a formal statement from the Central Bank of Kenya and the Treasury denying awareness of the approval of loans linked to the Anglo Leasing contracts.
There was also need for proof that Parliament was not consulted over the Anglo Leasing security contracts and that funds had been provided for the purchase of the security items.
The former AG also raised concerns that the contracts had State and Cabinet approvals and that the Finance minister was lawfully empowered to exempt security items from procurement regulations, given the sensitivity involved. A previous case fell apart in 2005 because of a lack of evidence. But Mr Mwithia said he did not know if all the gaps identified by Mr Wako were plugged ahead of the ongoing trial.