Prosecutors sought permission from the court to be allowed to adduce secret video and audio evidence against administrators of Maasai Mara University.
While presenting their case in court, the officers, on Thursday, November 17, argued that the videos were recorded in relation to the witness’s business at the workplace and thus should be admissible in court.
“We are requesting the court to allow us to present them as exhibits as the defence team will get a chance to cross-examine the witness later,” a prosecution counsel prayed.
The Office of the Directorate of Public Prosecutions (ODPP) was on a charm offensive to nail the university officials in a Ksh177 million saga.
The Maasai Mara University
Twitter Prosecution witness and whistleblower Spencer Sankale’s attempt to present more evidence against his former colleagues were met with vicious opposition from defence lawyers.
In a rebuttal, defence lawyers argued that the recordings were illegal and did not meet the evidentiary threshold.
“The prosecution needs to prove that they have met the requirements of section 26 of the Evidence Act, which they are yet to do. We object to the admission of the gadgets [because] we do not have the certificates to identify them,” the defence lawyer noted.
Steve Biko, the defence lawyer, asked the court to order the prosecution to produce certificates to identify the gadgets and show that the evidence was obtained under the law.
He further argued that they were yet to get certificates to identify the gadgets.
While testifying before the court, state witness, Sankale, told the judge that he purchased the gadgets upon advice from a friend who asked him to gather evidence.
The video and audio were reportedly recorded by Spencer Sankala using his smart watch and mobile phone.
According to the prosecution, the video and audio recordings will, as a matter of fact, prove communication between Vice-Chancellor Prof Mary Walingo and her accomplices regarding illegal withdrawals of millions of shillings from the university’s coffers.
The prosecution also dragged to court the deputy vice-chancellors Simon Kasaine ole Sano (Administration, Finance and Planning) and John Almadi Obere (Academic and Student Affairs).
Finance officer, Anaclet Biket Okumu, and her driver Noor Hassan Abdi, accused of taking part in the heist, were also sued.
DPP Noordin Haji Speaks to Editors during a conference at Serena Hotel in Mombasa.