The hearing of a corruption case against Member of Parliament (MP) for Lugari Constituency Ayub Savula, a former Principal Secretary and others kicked off before Milimani Anti-Corruption Court Chief Magistrate Wendy Micheni with defence lawyers seeking for exclusion of the evidence of the slain key witness Jennifer Wambua.
The Kshs.122.3 million fraud case was adjourned in August this year after the trial Magistrate, Chief Magistrate Francis Andayi, who was handling it was transferred.
The Lugari MP Savula, former Information and Broadcasting PS Sammy Itemere and 28 others are charged with stealing Kshs.122.3 million from the Government Advertising Agency (GAA).
The late Wambua was murdered before she had finalised giving her evidence and before cross examination, and the defence lawyers want her evidence struck out of the records on the grounds that her evidence had not been tested, that the accused persons in the case had a right to cross-examine the witness.
The defence Lawyer Cohen Amanya further argued that there cannot be a fair trial if a person is not allowed to cross-examine a person who testified against him or her. The prosecution has argued that that the evidence by the late Wambua, should remain on record since she testified under oath.
The court will make a ruling on November 11 on whether it will exclude Wambua’s evidence in the case.
Delays in corruption court cases has adversely affected speedy conclusion. The new Chief Justice Martha Koome was recently quoted directing trial Magistrates and Judges to expedite conclusion of the same.