Sh 63 billion Kimwarer and Arror dam’s scandle case which has taken over two years to kick off has been adjourned for the last time.
When the matter came for hearing before anti-corruption magistrate Douglas Ogoti, the court was informed that the DPP was not ready to proceed because he wants to amend the charges.
“We are seeking for two weeks to file an amended charge sheet and complete full disclosure in the case,”said the prosecutor.
He sought for two more weeks to supply all the evidence documents including witness statements of Former Treasury Cabinet secretary Henry Rotich, PS Kamau Thugge and ex Wildlife PS Susan Koech who have since been made state witnesses.
Ogoti was also informed that two lead state prosecutors Alexander Muteti and Ali Taib were absent since they had gone to condole with their boss Noordin Haji for the loss of his father, Garissa Senator Yusuf Haji this morning.
Through their lawyers Kioko Kilukumi and Katwa Kigen, the defense protested the application to have the case adjourned saying that the move by the DPP is an abuse of the court process and the accused person’s right to a fair hearing.
They raised concern that the names of witnesses have not been disclosed thus they cannot tell who the witnesses.
“If the prosecution is not ready to prosecute this case they should withdraw it, two years now and the matter has not proceeded, The accused are tired of coming to court and the case is being postponed the prosecution saying that they are taking instructions from Haji and looking for the 18 Italians who are still at large,” said Katwa.
Katwa said that his client Rotich was charged in July, 2019 and it’s unfair that disclosure of all evidence to be lied upon by the prosecution has not been supplied.
“Upon hearing the dpp and defense in this matter the court notes delay in this matter for failure by the prosecution to avail evidence and exhibits to the accused persons. I will not allow an adjournment in this matter anymore for non-disclosure,” ruled Ogoti.
Sh 63 billion dams scam case adjourned for the last time.
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