The Anti-Corruption Court has given the Office of the Director of Public Prosecutions (ODPP) 30 days to provide all evidential material in the Sh31.8 million corruption case involving former Bungoma Governor Wycliffe Wangamati and his ten co-accused persons who are also former county officials, and several contractors.
Milimani Chief Magistrate Charles Ondieki, in a ruling, directed the prosecution to supply the defence with all mandatory disclosure documents, including a complete list of witnesses, the nature of their testimony, and the estimated duration of each witness’s appearance.
“The prosecution must furnish the defence with all evidential bundles and witness information within 30 days. Hearings will proceed on a day-to-day basis where necessary, and adjournments will only be allowed in exceptional circumstances,” Magistrate Ondieki ordered.
Wangamati and his co-accused were arraigned at the Milimani Law Courts on 27 counts, including fraudulent procurement, conflict of interest, and money laundering. Prosecutors allege that between 2018 and 2021, the accused used falsified completion and liability certificates from government agencies to fraudulently secure road and construction tenders through companies linked to them.
The firms cited in the case include Valeria Construction Limited, Nabwala Construction Limited, Mundesi Contractors, and Skyman Freighters Limited. Investigators claim the companies presented forged documents purportedly from the Kenya Wildlife Service, several county governments Kwale, Garissa, Uasin Gishu, Tana River, and Turkana as well as the National Irrigation Board and Nakuru Water and Sanitation Company.
In one of the counts, Nabwala Construction Limited and its directors, including Michael Wangamati and Barasa Wangamati, are accused of receiving Sh271 million in a Cooperative Bank account, allegedly knowing it was the proceeds of crime.
All the accused have denied the charges and were released on bail.
In giving what he called ground rules, the magistrate said that the trial will proceed without unnecessary adjournment and that any party seeking adjournment without any reasonable ground will not be tolerated.
“In keeping with Article 50 of the Constitution without undue delay in tandem with Article 50 (2)(c) of the Constitution this Court issues the following directions, the state shall comply with Article 50 (2)(c) and (j) of the Constitution.” Said the magistrate.
The magistrate directed the prosecution to tabulate the list of all witnesses briefly indicating the nature of their testimony and the approximate time each witness will take during the examination.
The case will be mentioned on October 31, 2025.
