BY SAM ALFAN.
An attempt by the Director of Public Prosecution Noordin Haji to have Kirinyaga Governor Anne Waiguru testify in camera over the alleged theft of Sh791 million from National Youth Service (NYS) has been rejected by a magistrate.
Milimani Chief Magistrate Francis Andayi dismissed DPP’s request to have the governor give her testimony in closed door. The magistrate said the application has no merit.
Haji through senior principal prosecutor Jalson Makori had made an application seeking to have the court bar the Media from covering the case as Waiguru shed light on how the millions were lost at the state agency during tenure as the Devolution Cabinet secretary in the period 2014-2015.
Makori argued that the media might misreport or take Governor Waiguru’s testimony out of context.
The governor was expected to testify against her Principal Secretary Peter Mangiti, former NYS Director General Nelson Githinji and several businesspeople who were charged over deals secured at the state agency and got millions.
The defence team vehemently opposed the application by the DPP saying the proceedings has always been reported and conducted in an open court.
The defence lawyers said they failed to understand intentions and reasons why prosecution was making an application to bar the media while a key witness was giving her testimony in court.
However, the case did not proceed after two accused persons namely Ben Gethi and Samuel Wachenje were not represented following the death of their lawyer Joseph Wagara.
Gethi informed the court that his lawyer passed away last week and he was yet to be buried.
This prompted the court to send a message of condolences to the lawyer and allowed the two accused persons more time to seek services of a new lawyer.
The case has been adjourned to August 5.
