The Director of Public Prosecutions (DPP) has suffered a blow in the case involving former Nairobi Governor Mike Sonko after a judge dismissed an application seeking to review a directive requiring it to provide a list of documents to be relied on by a witness.
The DPP’s office had argued that the directive issued by principal magistrate Eunice Nyutu in the trial against Mr Sonko and others was akin to court micro-managing the prosecution’s case.
But Justice Nixon Sifuna dismissed the application for the review of the decision, stating that the trial court is the master of its process and, hence has the power to control and manage the proceedings before it.
“I find the impugned directions to have been made in good faith and in the interest of justice and the timely disposal of the case,” the judge said.
Justice Sifuna added that a case whose documents run into hundreds of pages, and with tens of witnesses lined up and a high-stake case alleging corruption by holders of high public office, the directive was necessary.
“With regard to disclosure of the prosecution's evidence and witnesses, I need to remind Applicant (ODPP) that gone are the days when the criminal trial was by ambush and surprise,” the judge said.
In the case, Mr Sonko and several other persons and companies have denied a total of 19 counts related to procurement irregularities for tenders worth Sh357 million, which occurred during his tenure as the Nairobi governor.
