DPP Special prosecutor Taib Ali Taib
Taib says no Kenyan or African can behave like this in an Italian court.
• Porcelli’s lawyer has presented an application to court that will shed light on why he is not in court.
Prosecution lawyer Taib Ali Taib in court on July 23, 2019.
Magistrate Douglas Ogoti on Monay agreed to DPP Noordin Haji’s request for the court to issue a warrant of arrest against Italian Paolo Porcelli for failing to appear in court for the second time.
Porcelli is the CEO of CMC di Ravenna, which has been adversely mentioned in the Arror and Kimwarer dams scandal.
Special prosecutor Taib Ali Taib said Porcelli should be declared a fugitive.
Porcelli’s lawyer presented an application to the court on why he was not in court.
He wanted the court to hear the application by his client.
The prosecution had opposed the bid by a lawyer, Ken Anami, to take plea on behalf of the two Italian companies (CMC di Ravenna Kenya and Italy) implicated in the scandal.
Taib wanted a resolution presented in court showing that the companies instructed him to take plea on their behalf.
The lawyer, however, declined to take plea on behalf of the Paolo, saying that he can only take plea for the companies and not the person.
Taib asked for court records to show that Paolo has refused to appear in court and raised concerns that the lawyer was not sent by the Italians .
The court entered a plea of not guilty against one of the companies. The High Court will determine whether it is right or wrong for the lawyer to take pleas for the companies.
Meanwhile, David Kimosop alongside other seven accused were charged with conspiracy to defraud.
They have also been charged with abuse of office and failing to follow procurement procedures.
Nelson Korir, a member of the tender committee, was accompanied to court by a doctor due to his medical condition.
His lawyer, Katwa Kigen, asked the court to exempt him from being taken to the cells as his bond is being processed.
Magistrate Douglas Ogoti allowed the application and ordered that he remain in court while his co-accused are taken to the cells.
One of the accused persons asked for a review of bail terms.