Safaricom Tuesday apologised to a court for failing to produce an expert witness to testify in a case on the Garissa University terror attack where 147 students were killed.
It also denied sabotaging the trial and stated that an expert, Mr Weldon Siongok, will turn up in court on Thursday (February 15) to testify in the case.
A Safaricom legal officer, who appeared before Milimani Chief Magistrate Francis Andayi, said: “We humbly apologise to this court for this eventuality.
“We are in no way out to frustrate this trial. We shall co-operate as we have always done in the past.”
“Where are the three who were summoned? Are they in court?” Mr Andayi inquired.
Mr Andayi asked the other three Safaricom representatives who had appeared before court alongside the legal officer to explain why they had not complied with court summons to provide an expert witness to testify in the terrorism case.
The representatives were the liaison and communication officer Mr Siongok, a police investigator attached to Safaricom Inspector Henry Rabala, a representative of the chief executive officer (CEO) who declined to give his name to the press, and the legal officer, a Ms Kweya.
The legal officer explained that there had been miscommunication and it has since been rectified.
Mr Andayi told them: “This court has been told you are sabotaging this trial by failing to avail a crucial expert witness.
“This is a very serious matter of great public interest and we need an acceptable and profound explanation.”
The prosecutor, Mr Duncan Ondimu, said the chief executive officer could not be reached.
Safaricom CEO Bob Collymore has been away on sick leave since October last year.
A circular signed by board chairman Nicholas Ng’ang’a avoided naming an acting CEO in Mr Collymore’s absence.
The telco’s chief financial officer Sateesh Kamath was appointed to “take a primary role,” in Mr Collymore’s absence, “supported” by Joseph Ogutu – the director of Strategy and Innovation.
The court papers did not mention by name the Safaricom executives expected to appear in court.
On Tuesday, the magistrate explained to the four Safaricom representatives the various attempts made to secure a Safaricom expert witness in vain and the frustrations he had experienced.
The prosecutor stated the move to delay the trial begun in December 2017 and has continued through to February 12, 2018.
The magistrate discharged the Safaricom officials them after the explanations.