Court Orders DPP to Produce Evidence in Wangamati Sh31 Million Graft Case within 30 Days.

In a dramatic turn of events at Milimani Law Courts, the Anti-Corruption Court has issued an urgent directive compelling the Office of the Director of Public Prosecutions (ODPP) to hand over all evidential bundles and witness information in the ongoing Sh31 million corruption case involving former Bungoma Governor Wycliffe Wangamati, his ex-county officials, and associated contractors.

Case Details and Court’s Directive

  • Chief Magistrate Charles Ondieki ruled that the prosecution must supply a full list of witnesses, the nature of their testimony, and the estimated time each will take—all within the next 30 days.
  • The court declared that pre-trial hearings will proceed on a day-to-day basis and made clear that no further adjournments will be tolerated unless absolutely necessary.
  • This order came after defense lawyer Peter Wanyama told the court that they were unprepared for pre-trial directions because the Ethics and Anti-Corruption Commission (EACC) had failed to produce crucial documents despite multiple requests.
  • The State, through Vincent Monda representing the ODPP, committed to comply with the deadline.

The Allegations: What Wangamati and Co-Accused Face

  • The former governor and his ten co-accused are charged on 27 counts, including fraud in procurement, conflict of interest, and money laundering.
  • Prosecutors say the accused used falsified completion and liability certificates from various government institutions to win tenders for road and infrastructure contracts spanning from 2018 to 2021.
  • Among names mentioned are contractors and firms such as Valeria Construction Limited, Nabwala Construction Limited, Mundesi Contractors, and Skyman Freighters Limited. Some of these are alleged to have presented forged documents purportedly from entities including county governments (Kwale, Garissa, Uasin Gishu, Tana River, Turkana), Kenya Wildlife Service, National Irrigation Board, and others.
  • One count alleges that Nabwala Construction Limited and its directors, including Michael Wangamati and Barasa Wangamati, acquired Sh271 million in a Cooperative Bank account knowing that money was proceeds of crime.

Stakes, Implications, and What to Expect

  • Failure by the prosecution to meet this 30-day deadline could lead to serious legal consequences, possibly including sanctions or dismissal of some charges if the defense argues their rights to a fair trial are being violated.
  • The accused had earlier been released on bond.
  • With court insisting on strict timelines and daily hearings, this case may speed up significantly, placing intense pressure on both prosecuting authorities and defense counsel.

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