Questions over evidence handling and disclosure have emerged in the ongoing Sh8.2 billion MV Mashallah methamphetamine trafficking case after the Kenya Navy withheld selected operational materials during court proceedings, citing national security and protection of military capabilities.
The prosecution has maintained that the chain of custody for the seized narcotics remained intact despite the restricted disclosure and insists the evidence collected during the maritime interception remains reliable for trial purposes.
Among the materials not fully disclosed were tactical communication records, operational photographs and details relating to missing drug samples. According to submissions before the court, authorities argued that releasing such information could expose sensitive operational methods and compromise future security operations.
The defence, however, challenged the decision, arguing that limited access to the withheld material undermines transparency and raises concerns about the integrity of the evidence presented before court.
Defence lawyers further linked their concerns to earlier allegations that some members of the Kenya Defence Forces may have interfered with part of the seized consignment during the handling process — claims that have intensified scrutiny over preservation and accountability procedures.
The court was told that the dispute is not only about access to documents but also whether the prosecution has provided sufficient disclosure to guarantee a fair trial and allow the defence to effectively challenge the evidence.