Kethi cries foul over theft charge papers

Lawyer Kethi Kilonzo has accused the prosecution of refusing to produce documents it relied on to charge her with stealing an IEBC acknowledgement slip valued at Sh5.

Ms Kilonzo claimed that this was despite a court order directing the Director of Public Prosecutions to give her the documents.

She intends to use the documents to mount her defence in the case, which denied her a chance to succeed her father, Mr Mutula Kilonzo, as Makueni Senator.

Through senior counsel Fred Ojiambo, Ms Kilonzo said that the delay was aimed at disenfranchising her defence strategy and affect her practice as an advocate.

“There was so much hype at the onset of this case with the prosecution being very emphatic and eager to commence the hearings. We have, however, written to the DPP on several occasions and only received a few statements of the 30 witnesses lined up,” said Mr Ojiambo.

But the DPP, through state counsel Jacob Ondari, denied withholding the documents, saying that the materials sought by Ms Kilonzo were not in their possession.

“We have not supplied only two statements from the witnesses; some of the documents they are seeking are with other agencies and not within our custody,” said Mr Ondari.

In any event, Mr Ondari said, they will not be relying on the IEBC documents and if Ms Kilonzo wanted to use them then she should make the demand at the IEBC offices.

Ms Kilonzo and IEBC’s manager for electoral planning and logistics, Mr Godfrey Ninito Lemiso, are facing four counts of stealing, handling stolen goods, uttering a false document and neglect of official duty.

They have denied the charges and are out on a Sh100,000 cash bail.

The hearing of the case was scheduled for five days starting yesterday but chief magistrate Kiarie Waweru allowed a request for adjournment to allow Ms Kilonzo get all the necessary documents she requested from the DPP.

The hearing was rescheduled for another five days from March 17, 2014.