16 November 2009
Nairobi — The Sh5.8 billion Goldenberg scandal case against three former top civil servants will start afresh on February 3 next year. Chief magistrate Gilbert Mutembei made the order after hearing both the prosecution and defence.
State counsel Warui Mungai and defence lawyers Kioko Kilukumi, Kirathe Wandugi and Muinde Kaluu told the court that they had "unanimously agreed that the case begin afresh due to the nature of evidence".
Mr Mungai told the court that the case against a former Treasury permanent secretary, Mr Wilfred Koinange, a former Central Bank of Kenya deputy governor, Mr Eliphaz Riungu and former Kenya Commercial Bank General Manager, Mr Elijah arap Bii was being prosecuted by a privately-appointed prosecutor, Mr Mutimu Kang'ata.
Realign evidence
"This case has now been taken over by the Attorney General's Office. I have not read the file. I need more time then realign my evidence.
"I had not summoned any witnesses today. Seven witnesses had testified before former chief magistrate Aggrey Muchelule before he was elevated to a judge," said Mr Mungai.
Mr Kilukumi for Dr Koinange urged the court to start the case afresh "due to the nature of the intended evidence." Mr Bii told the magistrate that Goldenberg International Ltd (GBI) was removed from the charge sheet as the alleged beneficiary of the Sh5.8 billion. KCB is, according to the new charge.
Mr Mutembei allowed the plea and set February 4-5 as the new trial dates. The three had denied charges of abuse of office which led to a loss of Sh5.8 billion from public coffers on diverse dates in April 1993.
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