Stephen arap Soi, Team Kenya leader in the 2016 Rio Olympics, and three other former officials of the National Olympics Committee of Kenya (Nock) have alleged ulterior motives in their arrest and arraignment on graft allegations.
Mr Soi, former Nock Secretary-General Francis Kinyili Paul, Pius Ochieng and Ben Ekubo are charged with fraudulent appropriation of games kit, stealing and failing to report conveyance of monetary instruments.
They say the Director of Public Prosecutions (DPP) has not supplied them with evidence in the case since their arrest in 2016 and that a witness was last presented in the dock in January 2019.
“We have not been furnished with copies of all witness statements five years down the line,” defence lawyer Kimutai Bosek, for Mr Soi, told trial magistrate Francis Andayi.
Mr Soi further noted that the team he led to the Rio games won the largest number of medals since independence.
The team topped Africa with 13 medals – six gold, six silver and one bronze.
Ex NOCK official Stephen Soi arrested for Rio Olympics scandal
The accused also opposed the submission of fresh evidence, arguing the trial is shambolic.
Mr Bosek, and lawyers Edward Rombo and Julius Kitheka also accused the prosecution of ambushing them with evidence on the trial date.
“The prosecution should not be allowed to lead a new witness whose evidence we had not been supplied with since January 2019 when Ms Fridah Ashioya, the Nock treasurer, was stood down,” Mr Rombo stated.
Mr Bosek and Mr Matheka concurred, saying the prosecution arrested the suspects with an ulterior motive.
Mr Matheka said that in the current case against, the complainant is a former Sports PS and ambassador to Russia, Richard Ekai, who is also charged in the second Rio 2016 games scam alongside former Sports Cabinet Secretary Hassan Wario.
Stephen arap Soi, Kenya's team leader at the 2016 Rio Olympics, with his co-accused and defence lawyers Kimutai Bosek (right), Julius Matheka (second left) and Edward Rombo (fourth left) outside the Milimani Law Courts on June 28, 2021.
Photo credit: Richard Munguti | Nation Media Group
The defence lawyers urged Mr Andayi to direct the DPP to supply the accused with all the evidence to enable them prepare adequately.
“Denounce this piecemeal supply of witness statements,” Mr Matheka stated.
He added that a Chief Inspector Muia admitted in the other case that he was not one of the investigating officers but “today he claims to be one of the investigating officers”.
Mr Andayi directed the DPP to furnish the accused with witness statements before October 2 when the trial will resume.
Mr Kinyili and Mr Ochieng have denied failing to make an inventory for kits donated by Nike to be used by Team Kenya in the games.
They allegedly committed the offence between June 1 and July 31, 2016 at Nock’s offices at Plaza 2000 in Nairobi, with intent to defraud.
Mr Soi denied stealing over $ 253,000 (Sh25.3 million) in July 2016 when he was Nock’s official trustee.
He claimed he was embarrassed by police who arrested him at an airport immediately after jetting back into the country with medals, flying Kenya’s flag high.
He told a magistrate in the second trial that he was treated like a treason suspect and that he never returned the flag he was given by the President to State House.
