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The Director of Public Prosecutions (DPP) now wants magistrate Eunice Nyutu to recuse herself from hearing the Sh63 billion Arror and Kimwarer dams case which involves former Treasury Cabinet Secretary Henry Rotich.

When the matter came up for hearing yesterday afternoon, the DPP through State prosecutor Geoffrey Obiri, made an oral application to have the magistrate disqualify herself from handling the case. “We have an application for your recusal from this case. We want to be heard now,” stated Obiri.

The magistrate, however, rejected the DPP’s request to make an oral application seeking her recusal.

“I will not hear the oral application. You have to put it in a formal application and serve all the parties. I direct this case to proceed for hearing until I determine the intended application,” Nyutu (pictured) said.

The magistrate, however, proceeded to adjourn the case to this morning to enable the prosecution to subject two witnesses namely Boniface Mamboleo of Nema and Felistus Kivisu, an employee of Treasury, to pre-trial.

Mamboleo showed up in court after warrants of arrest had been issued against him.

Asked to explain why he failed to appear in court in the morning, Mamboleo said he went to the wrong court and could not trace investigating officer Wellington Ngeno.

“I immediately left after failing to get in touch with Ngeno and only returned this afternoon after reading on social media that I am required in court under warrant of arrest,” Mamboleo told the magistrate.

The court was informed that the DCI is still pursuing the other witnesses who did not show up in a bid to arrest and produce them in court.

Earlier, Magistrate Nyutu had ordered the DCI to arrest Cecilia Kaluka, an official at the office of the Auditor General, Boniface Mamboleo, an employee of NEMA, and Public servants Mutungu Mwai Wanjohi and Samuel Kimutai Kosgey, after they failed to honour summons to appear in court and testify.