Court orders Tobiko, EACC to provide documents in Shollei case

The Director of Public Prosecutions and Ethics and Anti-corruption Commission (EACC) have 14 days to provide crucial documents needed in a graft case against former judiciary registrar Gladys Shollei.

For the second time, the prosecution came under criticism after it emerged that it had defied an earlier court directive to supply copies of a contested tender document relating to an irregular payment for the construction of a court house in Mavoko.

The prosecution, instead, had handed the defence with what was termed “irrelevant” documents touching on tenders for Bomet.

“We went through approximately 1000 documents served on us as had been directed but there are serious shortcomings,” lawyer Paul Ngaruwa said.

The lawyer said the “fatal” deficiencies observed in the documentation that included skipped pages of statements was an extension of the difficulties and “persecution” that the accused person(s) in the case have been undergoing.

Ms Shollei is charged alongside five other members of a tender committee accused of irregularly awarding Timsales and Economic Housing Group limited the questioned tender.

“The case at hand is a procurement relating to the Mavoko law courts and what we need are the tender documents presented by the two bidders,” Mr Ngaruwa said.

He said there was a deliberate omission of documents which the criminal charge facing Ms Sholei are based on.

The lawyer presented a list of ten documents that have not been supplied by Ms Sholei’s accusers including a letter EACC addressed to the chief registrar on March 3, 2015 requesting for all payment vouchers relating to Timsales and EHG and the approved budget for 2012/13 which were not in its possession by the time Ms Sholei and members of the tender committee had been charged.

“There is a wealth of documents that EACC is aware of or may have received but not included in the documents given to us,” Mr Ngaruwa submitted.

Senior principal magistrate Liz Gicheha rule that all documents that are in possession of the prosecution be given to the defence.

The case the court heard was pegged on a report by the Auditor general implicating the judiciary in an irregular payment of Sh46,458,069 to Timsales Limited to build Mavoko law courts “for work not done.”

Ms Gicheha on Wednesday set a fresh hearing for August 29.

She also directed the parties to appear for a mention on May 24 by “which time the prosecution will have complied and supplied the relevant documentation.”