BY SAM ALFAN.
The office of Directorate of Criminal Investigation is broke a Nairobi court has been told.
This emerged after an investigating officer in sh 661 million fraud Case against former Kenya pipeline MD Joe Sang and five others informed trial magistrate that they have no money to photocopy court document to be used in the trial.
It has no money to photocopy documents even as more graft suspects are being arraigned in court.
Appearing before a Nairobi court for trial of case brought against suspended Kenya Pipeline Company officials, Chief Magistrate Douglas Ogoti heard that the accused persons had not been supplied with all exhibits and documents, the prosecution will rely upon during the trial.
Chief inspector Joseph Kitaria When by asked why they had not done so, months after they were directed to supply the documents, hecsaid they could not photocopy the bulky documents and supply them to all the suspects.
“We seek the court indulgence to be given more time. Due to procurement issues, the DCI has not been able to comply with directions of this court,” urged the prosecution.
Kitaria also told the trial magistrate Daglous Ogoti that they do not have papers for photocopying the documents as their their office has no resources.
“We escalated the matter to my boss DCI George Kinoti and told us last week he didn’t have the money for procurement (of the papers),” he said.
The officer at the same time apologized to the court for the predicaments caused to the defense
Ogoti noted that the matter was coming for trial and it was clear that the DPP and DCI were not ready to proceed with the case.
“They have made a request to be given 30 days which the court could not give but however parties have agreed on three weeks which is also not binding of the court,” ruled Ogoti.
The magistrate said he had not been informed that DCI lacks resources to photocopy.
“However the court also takes cognizance of the fact that policy issues may interfere with services of an office,” he said, adding that he has noted the difficulties of compliance with orders of disclosure.
While opposing the application, Mr Danstan Omari for one of the accused persons said when plea was taken the court granted a number of days for state to provide evidence. He said the suspects needed a speedy determination of the case.
He said that at the time of arrest of the accused persons, the state was prepared to proceed with the matter and dismissed the prosecution allegations that they have failed to supply the documents due to lack of funds.
“That allegations of lack of funds is embarrassment to the state. There were clear guidelines which we are supposed to comply with,” Omari said.
He further said that DPP and DCI knew very well they have not supplied them with relevant documents in the case. “If the state is not willing to proceed with this matter they should withdraw and not put the blame on the Judiciary for stalling the matter,” Omari further added.
The defence lawyers urged the court to note that the prosecution was delaying the matter while the accused persons continue to suffer as they were barred from accessing their former work stations and their accounts has been frozen.
The lawyers further added that the Chief Justice David Maraga has severally promised to bring more magistrates to handle the graft cases.
In defence, the prosecution said that they have no intention of disregarding the court orders or delaying the matter.
