This archive report was first published on 18 May 2020.
On May 18, 2020, Chief Magistrate Douglas Ogoti made a significant ruling in a multi-million shilling corruption case involving Nairobi Governor Mike Sonko and 11 others. The case highlights the need for transparency in corruption trials, and the magistrate's order is a step in the right direction.
According to the ruling, the Director of Public Prosecution will not be allowed to start trial of graft suspects before investigators furnish them with documentary and electronic evidence. This means that prosecutors must disclose all relevant information, including forensic and medical expert evidence, transcripts of interviews, video and audio recordings, photographs, telephone and listening device intercepts, and criminal records, to the defence before trial can commence.
The magistrate also emphasized the importance of compiling an inventory of documents exchanged between the prosecution and the defence. This inventory must include details such as date, signatures, full names, and descriptions of the parties exchanging the documents, as well as physical addresses, email, and mobile phone numbers.
Mr. Ogoti's ruling is a response to the delays caused by State agencies in graft cases. He noted that the commencement of multiple corruption cases has been delayed due to nondisclosure, which he termed as a 'dangerous trend'. The court has introduced its own motion in the Governor Sonko's case, asking why the DPP and investigating agencies cannot disclose evidence at the time of arrest, just before plea.
While there are no legal provisions dealing with specific timelines on disclosure, the Constitution requires disclosure of a charge to the accused with sufficient information to answer to the accusations. Mr. Ogoti emphasized that sometimes justice demands non-disclosure of specific evidence at the pre-trial stage, but this must be done with good reasons and with the authority of the court.
