A court has asked the director of public prosecutions to investigate non-compliance with orders concerning evidence in the Rio Olympics scandal.
The order for the supply of evidence to the accused – former Sports Cabinet Secretary Hassan Wario, former Principal Secretary Richard Ekai and four others – was not served to the Directorate of Criminal Investigations as required.
While adding that the investigating officer was not informed of Tuesday’s hearing, the magistrate complained that “games are being played” in the hearing of the case.
Mr Ogoti also said courts are being blamed for delaying cases yet the prosecution is not supplying the accused with the evidence.
The prosecutor applied for a 21-day adjournment but defence lawyer Cecil Miller opposed the request saying it amounted to the violation of his clients’ rights.
Mr Miller noted that the case had been adjourned three times and so time was being wasted.
He and another defence lawyer, Kanyi Gakuya, asked the court to discharge the accused saying DPP Noordin Haji was not ready to proceed.
The court adjourned the case to February 6 and directed Mr Haji to supply the accused with witness statements.
The others on trial are Stephen Soi, Harun Komen Chebet, Patrick Nkabu and Francis Kinyili Paul. The six are facing charges related to corruption and abuse of office.