A request by the Director Public Prosecutions to have witnesses in the Anglo-Leasing case testify through video-link has been opposed with defence lawyers stating the application borders on perjury.
The defence is opposing video conferencing on grounds that it can only apply under “special circumstances” and that the Chief Justice must give it a nod through a gazette notice.
Through senior counsel Ahmednasir Abullahi, the defence told a trial court in Nairobi that the supportive documentation annexed in the application were a “perjury” because what the prosecution says is divergent from the affidavits sworn by the very witnesses.
Trial magistrate Martha Mutuku was told that the prosecution lacks compelling reasons for her to grant the request as it had no legal basis. “While the DPP insists that the foreign witnesses are too busy to come to Kenya, the witnesses in their statements claim that they were advised by their lawyers not to come to Kenya,” said Ahmednasir.
The lawyer said supporting affidavits filed by the DPP were marred with inconsistencies and that the statements indicate that the witnesses will not come to Kenya unless their own advocates from their countries approve their coming.