The Directorate of Criminal Investigations (DCI) on Tuesday told the court that it lacks funds to photocopy court papers to serve graft suspects in a Ksh661 million case.
According to the investigating officer Gilbert Kitaria, plans to serve the former Kenya Pipeline Company Managing Director Joe Sang and five others in the corruption case were futile due to lack of stationery.
"We took the matter to DCI boss George Kinoti and he told us last week that he didn't have money for the procurement" Kitaria told the trial Magistrate Douglas Ogoti.
The Magistrate sought to know why the prosecution had not complied with a directive to serve the respondents with all the documents required in the case.
Following the revelation, Justice Ogoti directed the DPP and DCI to ensure any accused person arraigned in court is supplied with the necessary trial documents.
"The DPP and DCI should consider supplying all evidence to accused persons in future at the time of taking plea," Ogoti stated giving a three weeks deadline to serve Sang and his co-accused.
The Prosecution team, through Mercy Gateru, however, defended themselves indicating that they only learnt about the challenges on Monday, a day before the court appearance .
Gateru told the court that despite the failure to comply, there was no intention or plan to disregard court orders or intentionally delay the case.
"If the State is not willing to proceed with this matter they should withdraw it," defence lawyer Dunstan Omari quipped.
The suit against Sang involves the abuse of office among other charges with pretrial hearing set for February 21.
