Defence lawyers in shillings eight million graft case against Busia Governor have strongly opposed to the prosecution intent to introduce electronic evidence (CD).
Lawyers James Orengo, Steve Ligunya and Dunstan Omari told the trial Magistrate Douglas Ogoti that digital CD evidence prosecution wanted to beproduced by documents examiner was not part of documents supplied to them.
They argued that the law requires that the accused persons should be supplied all information and witness statement prosecution intends to rely on before trial commence.
The lawyer’s said that prosecution was germinating the evidence when the trial is still ongoing thus making it difficult for them to prepare adequately for their clients.
The move by the prosecution caused the trial to be adjourned until February next year.
On Monday witness denied having recorded statement with Ethics and Anti corruption commission.
Former acting sport and culture CEC Grace Matinde Mchuma, told trial magistrate Douglas Ogoti, that officer from EACC only questioned her about the procurement of the solid Waste management and asked her to sign what he had recorded.
The witness who is blind could not record the statement nor did she goes through what the officer had recorded
She recalled having attended the 44th executive committee meeting on 7 May 2014 where Solid Waste Management was discussed and adopted by the Cabinet.
“Actually I was asked questions and the person who was asking the questions is the one who recorded statement then signed” said the Grace.
While being cross examined by the defence lawyers, she said that the County Government indeed entered and signed Memorandum of Understanding with. Madam R. enterprises, the company that was to offer services.
