Witness dropped at Ruto fraud hearing

Written By:Michael Gichuki,    Posted: Mon, Feb 07, 2011

The hearing of suspended Higher Education Minister William Ruto fraud case continued Monday amid accusations over alleged delay by the prosecution to avail witness statements to the defense.  Ruto's defense led by lawyer Katwa Kigen raised an objection to have Charles Kimunyi Kimotori a former head of forestry survey to testify. The defense asked the court to reject his testimony arguing that it was recorded last Friday six years after the case was filed saying the statement was belated and only calculated to compromise the defense. Presiding magistrate Gilbert Mutembei withdrew the witness, who will now have to await a ruling before taking back to the docks. In the case, Eldoret MP William Ruto is charged alongside Sammy Mwaita and Joshua Kulei a former personal assistant to retired President Daniel Moi in connection with the irregular sale of Ngong forest land.   Meanwhile, an investigating officer has presented a contradicting report to the court in a case where two GSU officers formerly attached to Vice President Kalonzo Musyoka's residence are charged with defiling a minor. The two Phillip Maingi and Richard are alleged to have committed the offence in early 2009.  Earlier, the court had been told that the offence had taken place at a servant quarter within the VP residence in Karen, only for the investigating officer Robert Mwabera to assert that the offence actually took place inside the Vice president's house.