Drama in Kisumu court as cake evidence goes missing

Key prosecution witness in the case could not produce cake in the court, saying they were perishable and could not last for long.

There were light moments in a Kisumu court after the prosecution side failed to produce cakes as an exhibit.

They were to be used in a case where two foreigners are charged with selling cakes and being in the country illegally.

While cross-examining Immigration Officer Joseph Kilimo, a key witness, lawyer Onyango Onguso challenged the prosecution to produce proof that his clients Lukyanenko Serphy and Kordupel Volodymyr were found conducting the business.

 “Where are the cakes or vegetables that were nabbed as exhibit from my clients’ house” Onguso who represented the two asked.

Onguso also questioned how his clients could sell vegetables yet they could not speak Swahili, English or Luo.

“My clients are in court with a translator, meaning they don’t speak all these languages. Can the prosecution tell the court how they managed to market and sell their products?” Onguso said.

Kiplimo, however, said he launched investigations following complaints from the public and the conduct of the suspects.

He told the court that on reaching the alleged crime scene, he found Serphy hawking vegetables and cakes.

Kiplimo added that the cakes and vegetables which the accused had at the time of their arrest were perishable goods and could not have lasted that long.

But Onguso accused Kiplimo of searching his clients’ house without a court order.

Serphy and Volodymyr were driven to Kodiaga Prison where they have and will take six more days in custody until July 4.

The two appeared before Chief Magistrate Beryl Omollo on Friday but were remanded after they failed to secure local surety.

Serphy was charged with failing to comply with Visa requirements and baking cakes in Kisumu.

Volodymyr was accused of failing to register as a foreigner after the 90-day stay period expired.

On June 11, 2019, in Kisumu town, Serphy was found to have violated the conditions of his holiday Visa prohibiting employment.