The prosecution in the 19 M graft case against five former Malindi CDF staff has been granted the last adjournment following complaints from the accused.
The accused Wachu Omar Abdalla, Kennedy Otieno Onyango, Bernard Kai, Margaret Faith Kalume and Robert Katana told court that the prosecution was using delaying tactics in their matter.
Through their lawyers Jared Magolo and Duncan Osoro, the two accused blamed the state for delaying their matter thus making them suffer since they are on interdiction since they were charged.
They told the court that the Prosecution had dragged the matter for a while with witnesses not being available when the matter comes in court for hearing, saying it is taking more time and the accused persons are already on interdiction.
Chief Magistrate Alex Ithuku gave the prosecution the last adjournment with the matter expected to continue for hearing on May 20 and 21.
In the case, the five were charged with conspiracy to commit an offence of corruption namely fraud through payment of Sh19,007,539.60 to Multiserve Contractors in respect to tender number MLD/NG-CDF/01/2017/2028 of the National Government Malindi Constituency Development Fund.
Cabinet Secretary Aisha Jumwa was at one all their co-accused but the DPP withdrew the graft charges against her.
During hearing of the matter, Sammy Mahachi testified that Otieno called him and requested him to do a draw for the administration block for Malindi sub county education centre.
“We had agreed the cost for the entire service was to be Sh15,000 but Kennedy sent me only sH7,000 and I don’t know whether my drawings were approved because I told Kennedy to print and follow the procedures of architectural approvals, “Mahachi said.
The witness further told the court that the tender opening for the building of the education office was above board, saying the rest of the work was to be done by the tender evaluation committee which he told the court that he is not a member of.
