An application from the Director of Public Prosecution to adduce further evidence gathered in the corruption case against Busia Governor Sospeter Ojaamong has been dismissed.
The High Court ruled that the prosecution is geared towards pre-emptying production of exhibits by the defense which have been identified by the prosecution witnesses.
“Although disclosure of evidence by prosecution is a continuous process, it should be used only where justice demands and that there was due diligence exercised in adducing the same in advance before commencement of the trial,” the court noted.
It was further noted that that the trial court was correct in holding that the prosecution’s investigations into the alleged forgery of documents would from the basis of a separate case.
Justice John Onyiego further ruled that it is not the duty of the High Court to micro-manage the court proceedings before a subordinate court.
“The court cannot for instance keep directing the lower court on which evidence to admit or not. A criminal trial itself contained in terms of procedure regarding admission of evidence,” Onyiego ruled.