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Maasai Mara University Vice Chancellor Mary Walingo yesterday opposed a move by the prosecution to introduce fresh evidence in a case in which she is charged with embezzling Sh177 million. 

Walingo is charged alongside former deputy VC Administration, Finance and Planning Samuel Kasaine, former acting DVC Academic and Student Affairs John Almadi, former Head of Finance Anacklet Biket and Noor Hassan, the VC’s driver.

Yesterday, through her lawyer Hosea Manwa, Walingo raised objections by the state, after the former university Chief Finance Officer Spencer Sankale took to the stand as the first witness in the case.

Sankale who appeared before Chief Magistrate Bildad Ochieng had informed the court that he had been compelled by Walingo to prepare a Sh 100,000 cheque for security and surveillance.

He told the court that the VC was insistent that the money was ‘non-accountable’ telling him to ‘know how to go about it’ despite requesting proper documentation for the cheque to be drafted.

“She asked if I was first the accounting officer and on confirming my position, she told me to handle it and ensure her name does not appear anywhere in the cheque,” said Sankale.

Initial witness statements

He added, “She insisted I bring in a cheque, so I drafted one for Sh 100,000 and brought it to her as she had requested”.

Sankale’s testimony was, however, cut short as the defence team objected to it, informing the court that the evidence by Sankale was not in the initial witness statements. The team led by Manwa and Steve Biko among other lawyers in their objection informed the court that the statements on drafting of a cheque was not in the initial witness statement saying Sankale was off track.

They said the move by the prosecution to allow the witness to proceed in such a manner was tantamount to trial by ambush saying they needed time to respond to the matter.

“By law, the defence needs ample time to respond and it is against the rights of the accused persons that new evidence is being brought at this stage,” Manwa said.

Biko on the other hand asked the court to strike out the evidence from the proceedings, saying late discovery of evidence was unfair for accused persons.

In a rejoinder, the prosecution led by Terry Kahoro denied claims of ambush saying the evidence by the witness was only a guide to parts of the statement.

They further submitted that the defence objection was premature and was a move to block the witness from presenting the prosecution’s case.

The accused persons are facing 10 charges, including conspiring to commit corruption offences, willfully failing to comply with the law relating to the management of public funds, abuse of office and fraudulent theft and misappropriation of Sh177,007,754 public funds.

The case continues today.