A judge on Wednesday dismissed Director of Public Prosecutions (DPP) Noordin Haji's application to introduce new evidence in a fraud case against Busia Governor Sospeter Ojaamong and eight others.
In the ruling, Justice John Onyiego said giving the prosecution the window to introduce evidence at any stage in the course of the proceedings without justifiable reasons would lead to endless litigation and delay the trial.
The judge said although disclosure of evidence is a continuous process, it should be used only where justice demands and where there was due diligence and adduced before the trial starts.
The DPP moved to the High Court after trial magistrate Douglas Ogoti allowed the Ethics and Anti-Corruption Commission (EACC) to investigate the origin of documents Mr Ojaamong used during the cross-examination of witnesses.
Mr Ogoti allowed the inquiry but cautioned that the evidence gathered would not be used in the ongoing case. The court said the move is meant to interfere with the trial.
On November 12, the EACC embarked into the fresh investigation into alleged acts of corruption in the acquisition of solid waste management services from Madam R Enterprises Ltd in the 2013/14 financial year.
Mr Ogoti also said allowing the prosecution to adduce the evidence when 18 witnesses had so far testified, would be prejudicial and a dangerous precedent.