Narc-Kenya leader Martha Karua has written to Director of Public Prosecution asking him to investigate circumstances under which a flash disc she submitted to the Kerugoya High Court went missing.
Ms Karua, who is challenging the election of Kirinyaga Governor Anne Waiguru, indicated that the disc contained video evidence.
MARAGA
“The petition was filed on September 5, 2017 together with the supporting affidavits by the petitioner and several other witnesses. It was filed together with annexures to the affidavit which included several annexures including a flash disc with video evidence and back up CD referred to in various affidavits,” she said in the letter.
The three-page letter titled ‘The conduct of proceedings at the Kerugoya High Court’ was also received by the offices of Chief Justice David Maraga and Judiciary Chief Registrar.
While in the course of giving her evidence, Ms Karua requested that a projector and a screen be provided for showing of the video captured in the flash disc.
The court ordered for provision of the items on April 27 so that she could identify evidence and have it marked for identification before concluding her evidence.
“No objection was raised by any of the parties during the pre-trial proceedings which took place before confirming the petition for hearing,” she indicates in the letter.
She adds that the video would, among other things, show incidents of bribery on the polls day.
However, on May 2 the projector and the screen were provided and when she asked that the flash disc be played it could not be found.
The judge asked her to continue with her evidence, despite her insistence that the video be played first.
In addition, the judge ordered for cross-examination to commence before the video evidence could be played and marked for identification in court.
“This denied the petitioner the opportunity to mark the evidence for identification which is a necessary and crucial step in judicial proceedings,” she argues.
One of the court clerks Jackson Kibiro, who is said to have been on duty at the time of filing of the petition, appeared on witness box and stated that no video flash disc had been filed with the petition.
On her part, Ms Karua insisted that she was present when her lawyer Mr Imanyara filed the petition together with the white envelope containing the video and the CD back up.
Lawyers Paul Nyamodi for governor Waiguru and Joe Kathungu for the IEBC, denied having seen or being served with the disc.
“The existence of the video evidence is referred to in the affidavit of four witnesses namely Kennedy Muriithi, Elias Ng’ang’a, Tabitha Mutero and Kepha Sagana which said affidavits were filed together with the petition,” Ms Karua told the DPP.
She added that the investigations into the missing exhibit would help in preserving the integrity of the Judiciary.
“I file this complaint seeking criminal investigation and possible prosecution of those found culpable by the investigation,” states Ms Karua.
“This complaint relates to conduct of proceedings at the Kerugoya High Court in which Lady Justice Gitari is the Resident Judge which conduct the complainant believes reveals commission of criminal offences with regard to handling and retention of court exhibits and interference with the course of justice,” she indicates to Mr Haji.