Nelly
Member
Kirinyanga Governor Anne Waiguru failed to appear in court to testify against former PS Peter Mangiti and 23 others in the Sh791 million NYS case.
Waiguru was supposed to testify Thursday and Friday but the court was informed that she was indisposed.
The prosecution said the governor was unavailable due to official engagements.
They asked the court for an adjournment until September when Waiguru will be available to take the stand.
Even though they have 10 other witnesses that they could call, the state said Waiguru informed them quite late so they were not able to secure new witnesses.
The defense opposed the adjournment arguing that when she was in court in May this year she was well aware that her testimony was today.
In May the court had dismissed Waiguru's application to bar the media from covering her testimony.
She claimed that she was apprehensive that some of her statements may be misreported and taken out of context.
Chief Magistrate Francis Andayi allowed the adjournment to September 1.
He noted that indeed he was on transfer but he will try to conclude the case before he leaves for Nyeri in October.
"In that regard, I can't say I want to conclude this case before I move to Nyeri, otherwise I will have to leave the case at the point I have reach and proceed for transfer," he said
Andayi further appreciated how they have been able to proceed with the case thus far.
He also noted the complexity of the matter which has 26 accused persons and 16 lawyers.
Both the prosecution and the defense told Andayi that they wanted him to hear and conclude the matter before he proceeds on transfer.
Waiguru was supposed to testify Thursday and Friday but the court was informed that she was indisposed.
The prosecution said the governor was unavailable due to official engagements.
They asked the court for an adjournment until September when Waiguru will be available to take the stand.
Even though they have 10 other witnesses that they could call, the state said Waiguru informed them quite late so they were not able to secure new witnesses.
The defense opposed the adjournment arguing that when she was in court in May this year she was well aware that her testimony was today.
In May the court had dismissed Waiguru's application to bar the media from covering her testimony.
She claimed that she was apprehensive that some of her statements may be misreported and taken out of context.
Chief Magistrate Francis Andayi allowed the adjournment to September 1.
He noted that indeed he was on transfer but he will try to conclude the case before he leaves for Nyeri in October.
"In that regard, I can't say I want to conclude this case before I move to Nyeri, otherwise I will have to leave the case at the point I have reach and proceed for transfer," he said
Andayi further appreciated how they have been able to proceed with the case thus far.
He also noted the complexity of the matter which has 26 accused persons and 16 lawyers.
Both the prosecution and the defense told Andayi that they wanted him to hear and conclude the matter before he proceeds on transfer.