The defence team in the NYS fraud case opposed the start of the pre-trial conference on Wednesday, citing unfair treatment of its 46 clients.
In a unanimous protest, the lawyers accused Chief Magistrate Douglas Ogoti of dealing with the case in a “hasty manner”, and said this clearly indicated that their clients’ rights were being violated.
They said they were neither willing nor ready for the sitting but that they would consider doing so in two weeks, should their clients’ rights be guaranteed.
“The haste [may make it seem that we are] doing something out of the ordinary, and are going to finalise the matter within the shortest possible time, but it is opening up a basis for various application both in this court and the High Court, which in the long run will delay the hearing,” argued lawyer Kirathe Wandungi.
The team further accused the prosecution of failing to supply them with documents including witness statements as the court ordered.
The lawyers noted that the right to receive items such as exhibits and statement is protected under the law.
“Accused persons ought to be shown in advance the evidence against them for purposes of defending themselves,” they said in their notice.
They added: “Since their arrest, during arraignment and thereafter, our clients have been tried in the court of the public, on social media and regular media. They have been tried, found guilty, convicted and sentenced.”
Wandugi and his colleagues said the trial should only commence after they receive all the exhibits, statements and any other documents the prosecution intends to use.
“We are not ready to proceed,” said lawyer Cliff Ombeta.
