Sh63b Arror, Kimwarer case teeters on brink of collapse

The Sh63 billion Arror and Kimwarer dams case against former Finance Cabinet Secretary Henry Rotich is on the verge of collapsing following failure by the Director of Public Prosecutions (DPP) to lead evidence from witnesses.

In a dramatic turn of events, state prosecutors Geoffrey Obiri and Oliver Muriethi presented five witnesses whom they did not ask a single question regarding the case.

Yesterday morning, the prosecutor Obiri presented the witnesses namely Boniface Mamboleo, Festus Kivisu, Maina Kiondo, Benedict Omondi and Kimani Kiiru.

The witnesses who left the courtroom without testify in the case had earlier recorded statements with DCI regarding the case.

The five witnesses took less than 10 minutes in the dock as Obiri told the court” I have no questions for each of this witness.”

In response, Anti-Corruption Chief Magistrate Eunice Nyutu discharged the witnesses saying “ the court notes the prosecution has no questions for the witnesses.”

That was the trend for each of the five witnesses who had been brought to court under warrants of arrest.
Obiri informed the court he will line two other witnesses from the controller of Budgets on Wednesday, September 13.

He further presented a letter from the office of the Auditor General where by the office expressed concern and shock over the warrants of arrest issued against the intended witnesses from the office.
“We express concern that warrants were issued against officers from this office whom had not been served with any court summons requiring them to attend court to testify in the four-year-old case, “ stated letter in part.

The office informed the court that one of the witnesses Cecilia Karuka will not be in a position to attend court since she is auditing counties.

The magistrate read the letter loudly noting that the investigating officer had informed the court that he had served witnesses summons contrary contention by the Auditor General office.

The matter has of late been locked with frustrations after the DPP failed to lead evidence from the witnesses saying they are waiting instructions from the new DPP when he assumes office.

Obiri told the court that the new DPP will review the charges against Rotich.

Late last month the prosecution also presented former Agriculture CS Peter Munya but failed to ask him questions about the case.

Munya left the courtroom without uttering a word in regard to the case while being the whistle blower of the scandal.

At the same time the DPP has filed a formal application urging Nyutu to recuse herself from the case citing bias and hostility.

“ That court has exhibited bias and hostility towards the prosecution, “
The DPP accuses the magistrate for openly pronouncing herself that “ she feels that the Prosecution and investigators are inclined to negatively interfere with the Prosecution of the matter.”

Further, the DPP contends that the court perceives that the plea to adjourn the case to await the decision of the new DPP amounts to an interference with the prosecution of the matter.

As a result the court has repeatedly refused to grant the prosecutions merited adjournments.