A Nairobi court has ordered the State to supply Lugari MP Ayub Savula, former Broadcasting and Telecommunications Principal Secretary Sammy Itemere and former Government Advertising Agency (GAA) boss Dennis Chebitwey, who are facing charges of conspiracy to steal Sh122 million from the Information ministry, with all the evidence documents by November 29.
Milimani Senior Principal Magistrate Martha Mutuku made the orders after defence lawyers informed the court that they have not been supplied with copies of witness statements and exhibits the prosecution intends to rely on during trial.
“I order the prosecution through the investigating officer to supply all the evidence documents and exhibits by November 29. A duly signed Inventory documents and exhibits and list of witnesses should also be tabled in court on the same date,” said Mutuku.
At the same time, the court directed Chebitwey to file a formal application for the release of his passport to enable him to travel out of the country from December 6 to January 5.
Savula, Itemere and Chebitwey are among 23 people and seven companies implicated in the Sh 2.5 billion scandal at GAA.
They have denied several criminal charges of conspiring to commit a felony of stealing, abuse of office aiding the commission of a felony, making a document without authority, and attempting to obtain money by false pretence.
Others charged in court were Savula’s two wives namely Gatwiri Ringera and Hellen Kemboi. Their lawyer confirmed that they have since complied with the orders issued on October 29 to have their passports deposited with the court.
Savula and his wives are each out on a bond of Sh1 million or a cash bail of Sh500,000 each.
The former PS and the 15 other co-accused were released on a bond of Sh2 million or a cash bail of Sh1 million each since they face a common charge of aiding commission of a felony which the court noted is a serious offence which attracts a 15 years penalty if found guilty.
The DCI launched investigations in August after media managers appealed to Director of Public Prosecutions after GAA failed to pay Sh2.5 billion debt. The pretrial conference will be held on December 6.