This made pre- Trial Conference Corruption case against former Governor and ten others fail to proceed.
The commission however told the court it will supply the defense with the documentary evidence that it intends to use during the trial by next Friday.
“Today we are coming for pretrial but pretrial can’t happen since we haven’t been supplied with documentary evidence by prosecution” Prof Ojienda told the court.
Kidero and his accused appeared before presiding Magistrate Lawrence Mugambi, who was informed that Ethics and Anti- Corruption Commission (EACC) investigating team have not availed witnesses statements to the defence lawyers to allow the preparation of the trial.
The court consequently ordered EACC to comply with order of the court and supply all documents in its possession and matter be mentioned on 29 to confirm compliance
In the circumstances the court dispersed the attendance of the accused on the material day, but they should be present during the pre- trial conference on 6 September 2018.
The former governor, ex-officials from the County Lilian Wanjiru, Jimmy Kiamba, Gregory Mwakanongo, Stephen Osiro, Luke Gatimu, John Njogu and Grace Githua are facing a crinimal charge of defrauding the county of Sh 213 million.
Save for Kidero and Maurice Okere who are out on cash bail of Sh 2 million the rest were ordered to deposit a bond of Sh 5 million, after the prosecution had opposed them be released on cash bail over alleged failure to appear in court has ordered.
The decision by magistrate to deny the accused cash bail made lawyer Cliff Ombeta blast the Nairobi Anti-Corruption Magistrate for what he termed as unfair decision by magistrate against his client.
The magistrate made a ruling that denied the accused cash bail and ordered them to execute bond of 3 million million each a move that provoked Mr Ombatta.
During bail application yesterday, Ombeta told the court that the accused former Nairobi County Chief of Finance Jimmy Kiamba presented himself to the EACC police station.
“I told this court my client presentes himself on Sunday before EACC on Sunday and you did not put that into consideration and that was totally unfair and that’s the reason you kept this ruling until today in the afternoon” agitated Ometta told the magistrate.
He accused the magistrate of being unfair to Jimmy Kiamba.
“what you need to understand is that the moment a person comes here for fundamental rights, you cannot tell us you’re busy . Perhaps the court need to look to article 20 and 21and realize this ruling cannot be fair” Ombeta told the Magistrate.
“You have totally treated him unfairly and at least i have told you that. You’re a fruit tree and we shall throw stone’s. We can take the next step but please understand that” Ombeta further told Mugambi.
The accused have since made indication to move to the high court to seek review of the decision of the Magistrate to refuse them cash bail.
They have through defence lawyers Ochieng Oduol and Cliff Ombeta applied for typed proceedings and the ruling of the court to be able to filed the appeal for review bail terms.
The magistrate in his ruling said that the prosecution did oppose the accused being released on bail, on grounds that they disobeyed an order requiring them to appear in court on 9 August 2018 and warrant of arrest was issued by anti corruption Chief Magistrate Mr Douglas Ogoti.
The accused through lawyers told the court that their clients were not served with the order t directing them appear in court.
They said that the accused have presented themselves to court after they were informed that criminal charge has been entered against them.
The matter will now be mentioned on the 29 of this month for confirmation whether the documents have been supplied.
