Kenya Revenue Authority officer has confirmed that Kitutu Chache CDF did not have certificate as holding sugar agent. During cross examination Emmanuel Afande, KRA clerical officer in Kisii told Kisumu High court that Kitutu Chache CDF did not issue any documents at the KRA offices in Kisii.
"Kitutu Chache CDF did not make any application for withholding certificate. There was no record showing the documents according to the register in our offices," he said .
Meanwhile the defence lawyer Richard Onsongo accused the office of Director of Public Prosecutor of dragging the case of Kitutu Chache South MP, Richard Onyonka on corruption. The legislator’s lawyer Richard Onsongo lamented that Ethics and Anti-Corruption Commission(EACC) is setting the pace of the case.
"Your honour you notice the prosecution side did not tell us why other witnesses are not in court," said Onsongo. He added:"So far we have 11 witnesses out of 53. Where are the rest? Mark it this as the last adjournment we are having today. The rate at which we are going we will not complete this case in time."
Defence lawyer, Stephen Orino added that EACC is doing deliberate play urging the court to put its foot firm and set the pace for the case. But Prosecutor, Douglas Ogoti argued that prosecution side is trying to bring sufficient witnesses. Ogoti said that Prosecutor, Lazarus Sirtui who has been handling the witnesses has been unwell for over two weeks now.
The case has been lying in Kisumu Court for the last 7 years because Anti-corruption authority has been investigating the case. Kitutu Chache South MP Richard Onyonka and James George Siro are accused of withholding Sh.21,250,637 that was to be remitted to the Kenya Revenue Authority after the then Kitutu Chache constituency bought sugar from Chemelil Sugar Company in 2008.
Onyonka and Siro are jointly accused of evading tax payment. The legislator is accused on the basis of him being the then patron of the Constituency Development Fund while Siro is being tried on suspicion that he is the one who kept the Sh 21 Million that was to be remitted to KRA. Onsongo asked the court that the case be heard consecutively September 21 and 22.