Magistrate’s promotion stalls dams’ graft cases

Hearing of the Sh63 billion Kimwarer and Arror Dams scandal case will be heard by a new magistrate.

The development comes after Chief Magistrate Lawrence Mugambi, who has been handling the matter was last week shortlisted for appointment as High Court judge.

When the matter came for mention yesterday, Mugambi said the matter would be better if handled by another magistrate since it was a fairly new matter.

“The trial court has been elevated considering two witnesses have testified it’s not convenient for the court to hear the case as there are many other witnesses who are yet to testify,” Mugambi said.

He noted that if the matter had progressed to the last witness, he could have proceeded to conclude the matter and written a judgment.

Defense lawyers

He directed the case to be mentioned on December 16 for further directions before another magistrate.

Former Treasury Cabinet Secretary Henry Rotich, Kerio Valley Development Authority boss David Kimosop and seven others are charged over the Sh63 billion scandal.

Only two witnesses have testified in the matter and the defense lawyers are yet to cross-examine him.

The second witness, Gideon Rotich, former official at the National Environmental Management Authority, in his testimony claimed that Nema had followed the law.

He had initially said he was not ready to testify as he had no idea that he was to be a witness in the matter and only came to court because he was issued with summons

According to the witness, he was called by the Investigating Officer on Wednesday and told to report to DCI offices yesterday. However, at around 3pm on Wednesday he was served with summons on WhatsApp and told to appear in court but did not know he was going to be a witness.