The Anti-Corruption Court Magistrate presiding over the Ksh221 million trial of SGR scandal involving former NLC boss Muhamad Swazuri, on Wednesday, had problems with a witness whom he found to give an illegible testimony.
Chief Magistrate Lawrence Mugambi wondered why the witness who took to the stand had trouble communicating the details of documents in his possession.
“The documents the witness is relying on are not helping us. They are not legible. We just don’t take evidence for the sake of it. I also want to understand the evidence adduced but the witness needs to be clear,” stated Mugambi.
“If he is not clear with his testimony, what is the purpose of going through them? It has no evidential value,” added the magistrate.
Mugambi faulted the prosecution for making it difficult for the court to understand the details of the case to enable it make a proper ruling.
The witness, Weldon Maritim, endeavored to inform the court about maps and survey plans for land in Embakasi and areas of Athi River in relation to the SGR project.
Maritim has served as a senior surveyor with the Ministry of Lands at the Ruaraka office since 2012. He also worked as a district surveyor in Malindi before.
The magistrate, however, stated that he appeared to engage in guesswork when reading the documents of the maps and surveys of the land parcels under question.
The prosecution requested the court for more time to obtain original copies of the documents Maritim was having trouble reading.
Defence lawyer King’ori Kariuki conceded to an application for an adjournment to allow the state to organise itself.
The defence team, nonetheless, requested the court to remind the prosecution to always come prepared for future hearings with clear copies of documents for verification.
Magistrate Mugambi directed the witness to liaise with the investigation officer to scan the original documents.
“It is easier to read the original than the copy. The witness is stood down. The hearing shall proceed on Monday next week,” stated Mugambi.
