The defence in the case of abuse of office facing former cabinet ministers Basil Mramba and Daniel Yona and former Treasury permanent secretary Gray Mgonja yesterday faulted Chief Justice’s circular that requires the defence to list their witnesses, saying the move would endanger the safety of the witnesses.

The defence lawyers said the circular was drafted purely for administrative purposes.

The lawyers said the case was a unique one falling under corruption cases and that to list the names of witnesses at this early stage when the trial had not even started would expose the witnesses to intimidation.

One of the lawyers, Herbert Nyange, told the court that he had read the circular, but added that it did not bear the Chief Justice’s signature and that there was likelihood that it was not valid.

He further told the court that, according to the law on criminal procedure, it was the Minister for Constitutional Affairs and Justice who had the authority to make rules.

Nyange said the Chief Justice had the powers to make rules of court and to give directions, but they should not be inconsistent with the laws.

On that note he said that the rule was not made by a qualified person.

Another defence lawyer, Cuthbert Tenga, told the court that the circular was made for administrative purposes, as well as to get allowances and therefore, could not be used to make laws in court.

Prof Leonard Shahidi, for the third accused, told the court that in the interest of justice the accused should be allowed to list their witnesses after knowing the nature of their case.

In reply the prosecution told the court that the circular was valid because it bore the Chief Justice’s name and signature.

Earlier, the prosecution had lined up 17 witnesses for the trial and named them as Maria Kejo, Nakuwera Senzia, Kesisia Mbatia, Betha Kisoka, George Kaindoa, Nyelo Godwin, George Tigiti and Agrey Teemba.

Others are B. J. Mrindoko, Rehema Kitambi, Mustapha Ismail, Ludovick Kandege, Saddy Kambona, P. M. Kasera, and Christin Shekidele.

After listing the prosecution witnesses Prof. Shahidi asked the court to order the defence also to name their witnesses.

The defence rejected the suggestion on grounds that, according to the law on criminal procedure, the court required the accused to name their witnesses under oath and not otherwise.

In answer, the prosecution told the court that, according to former Chief Justice Francis Nyalali’s circular, the defence was required to list the names of witnesses.

Mramba, Yona and Mgonja are charged with abuse of office, exempting tax and occasioning loss of 11,752,350,148/- between 2003 and 2007. The case continues today.