A bribery case involving a Kericho Magistrate Judith Achieng and her clerk took a turn on Wednesday after the defense side led by council David Mong’eri urged the court to dismiss the case.
In their submissions to court, Mong'eri said there is no sufficient evidence against his client.
Mongeri noted that the charge sheet presented in court had discrepancies in the dates as recorded in the EACC report on the matter and also lacked consent from the Director of Public Prosecutions.
He added that Sh10,000 found in Ms Achieng’s handbag at her chambers was stashed there with the intention of incriminating her yet at the time of the search she had informed her colleagues she was unwell and was headed to the hospital for medication.
He faulted the prosecution for failing to identify the voices in the armature video recorded where co-accused Robert Cheruiyot was allegedly found with the treated money by the EACC officers who manhandled him.
“The evidence does not show the accused demanding or receiving money while the complainant is heard prompting to offer him Sh 20,000 which might not be necessarily money.” He said
The lawyer accused the officers of placing the money in the accused pockets during the search and did not bother searching the other Sh10,000 from his other pockets as they knew where they had stashed the remaining amount.
Mong’eri added called on the case to be nullified and also declare the prosecution of his clients an abuse of court process.
Senior Resident Magistrate Liz Gicheha directed that the ruling will be made on September 15.