At least 180 students who were victims of the Sh1.1 billion Finland scholarship scandal in Uasin Gishu County are expected to appear in court as witnesses.
Senior Principal Magistrate Peter Ndege Wednesday directed the prosecution to produce the students when required.
Uasin Gishu Senator Jackson Mandago, Meshack Rono and Joshua Lelei are facing charges of conspiracy to steal, stealing and abuse of office leading to the misappropriation of funds.
Mr Ndege regretted that the students were not in court to testify despite the court setting aside four days to hear the case.
“This is a matter of public interest and everyone is waiting for the victims to testify. They need a day in court,” said Mr Ndege.
The magistrate said for the three days, only four individuals testified, despite the court listing 202 people, including victims, as witnesses.
He warned if the trial continues at the current pace, the case may take longer to be concluded and justice will be delayed.
Ndege reacted after the State through Prosecutor Angeline Chinga asked for an adjournment on Wednesday after one of the two witnesses listed testified.
Ms Chinga also asked the court to postpone today’s hearing, saying they were unable to produce witnesses who were mostly county officials.
She produced a letter from County Secretary Edwin Bett that requested the rescheduling of the appearance of the county attorney, who was to testify on Wednesday.
“We were informed in the letter that the county attorney will be involved in crisis meetings this week, following Finance Bill protests that resulted in the destruction of Uasin Gishu County headquarters premises,” she said.
In response, defence lawyers Stephen Kibungei, Fidel Limo and Elijah Kibet, opposed the application saying other witnesses could have been produced instead.
Limo said victims should have testified in the place of the county attorney, adding that the court had set aside other matters to focus on the case.
Kibet said the matter was of public interest, while Kibungei insisted that the prosecution had been dragging the case because they were not ready. In further response, Prosecutor David Okach said they had planned to produce witnesses chronologically to avoid raising tension.
But Ndege said if the application for adjournment persists because of the county officials, the prosecution’s case may be closed before the victims are heard.
“A time may come when the court will refuse to give an adjournment and the prosecution may be forced to close their cases even without the victims’ testimony,” he said.
He, however, adjourned the case and set a whole week, starting July 22, for hearing. He directed the prosecution to make available at least three witnesses each day.
