Anti-Corruption Court Orders DPP to Provide Evidence in Wycliffe Wangamati Case Within 30 Days
The Anti-Corruption Court in Milimani has issued a directive requiring the Office of the Director of Public Prosecutions (ODPP) to supply all evidential materials within 30 days in a high-profile Sh31 million corruption case involving former Bungoma Governor Wycliffe Wangamati, 10 former county officials, and several contractors. The ruling, delivered by Chief Magistrate Charles Ondieki on Thursday, aims to ensure a swift and transparent legal process.
Magistrate Ondieki ordered the prosecution to provide the accused with comprehensive details, including a complete list of witnesses, the nature of their testimony, and the estimated duration of each witness's appearance in court. "The court directs that the prosecution must supply all evidential bundles and witness information to the defence within 30 days. Hearings will proceed on a day-to-day basis where necessary, and no adjournments will be entertained unless necessary," Ondieki stated, emphasizing the court's commitment to an efficient trial process.
The defence, represented by lawyer Peter Wanyama, informed the court that they were unprepared for pre-trial directions due to the Ethics and Anti-Corruption Commission's (EACC) failure to provide critical documents. Wanyama revealed that the defence had made multiple attempts to obtain the materials, including sending two letters to the EACC and visiting its offices on Wednesday, only to be told the documents were not ready. "We seek an adjournment so that we can review the evidence, assess the case load, and know the number of witnesses expected," Wanyama submitted, assuring the court that the defence would comply with its directives.
State Counsel Vincent Monda, representing the ODPP, confirmed the prosecution's commitment to meeting the court's 30-day deadline. He noted that the accused are represented by multiple lawyers and requested the appointment of a lead counsel to receive the evidential materials. "We intend to supply within 30 days," Monda affirmed.
The court scheduled a mention date of October 31 to verify compliance with its orders, signaling the start of a closely monitored phase in the case.
The charges against Wangamati and his co-accused were filed earlier at the Milimani Law Courts, where they face 27 counts related to fraudulent procurement, conflict of interest, and money laundering. The allegations center on the period between 2018 and 2021, during which the accused are said to have used falsified completion and liability certificates from various government agencies to secure road and construction tenders through companies linked to them.
The implicated companies include Valeria Construction Limited, Nabwala Construction Limited, Mundesi Contractors, and Skyman Freighters Limited. Investigators allege these firms submitted forged documents purportedly issued by entities such as the Kenya Wildlife Service, county governments of Kwale, Garissa, Uasin Gishu, Tana River, and Turkana, as well as the National Irrigation Board and Nakuru Water and Sanitation Company.
Among the specific charges, Nabwala Construction Limited and its directors, including Michael Wangamati and Barasa Wangamati, are accused of acquiring Sh271 million in a Cooperative Bank account, with the prosecution alleging the funds were proceeds of criminal activities. All suspects have denied the charges and were released on bail pending the trial.
The case has drawn significant attention due to the high-profile status of the accused and the substantial sums involved. The court's firm directive underscores its determination to address corruption allegations efficiently while ensuring the accused receive a fair opportunity to prepare their defence. As the October 31 mention date approaches, all eyes will be on the ODPP to deliver the required evidence, setting the stage for the next phase of this closely watched legal battle.