A court has ordered the Director of Public Prosecution (DPP) Noordin Haji to produce 18 witness accounts and evidence regarding the multibillion case against former Treasury Cabinet Secretary (CS) Henry Rotich.
Rotich had been charged alongside 18 Italian directors in July 2019 over the fraudulent procedures in the Ksh63 billion Arror and Kimwarer dam scandal.
However, the case has dragged on in court for two years as the DPP sought adjournment in case proceedings in order to supply all the evidence documents.
Former Treasury Cabinet Secretary Henry Rotich speaking at a past event.
Citizen Digital Appearing before Justice Douglas Ogoti on Monday, February 15, the prosecutor appealed to the court to adjourn the case for more time to be allowed to finalize the evidence statements.
“We will not be ready to proceed as the DPP seeks two weeks to file an amended charge sheet and complete full disclosure in the case.
“We also seek adjournment since the two lead state prosecutors Alexander Muteti and Ali Taib, who had gone to condole with their boss Noordin Haji for the loss of his father, Garissa Senator Yusuf Haji, this morning,” the prosecutor stated.
However, Rotich’s lawyers disputed the plea arguing that the case had been dragged in court for long.
“It is an abuse of the court process for the DPP to bring the accused person for the last two years without being ready to prosecute. The accused are tired of coming to court and the case is adjourned with the prosecution, saying that they are taking instructions from Haji and looking for the 18 Italians who are still at large,” said the defense team.
The judge in reviewing the plea allowed the adjournment and passed his condolences to the DPP’s family.
“Upon hearing the DPP and defence 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,” the judge ruled.
Further, Justice Ogoti ordered the DPP to produce 18 Italians charged alongside Rotich as well as produce statements of Former Treasury Principal Secretary (PS) Kamau Thugge and ex-Wildlife PS Susan Koech who were pegged as State witnesses by the directorate.
Justice Ogoti adjourned the case to March 19, 2021. The Arror and Kimwarer case has been one of the biggest scandals that has rocked Kenya. Rotich was accused by the DPP for flouting procedural laws in awarding a contract worth billions of shillings for the construction of the two dams to Italian firm, CMC de Ravenna in 2015. The DPP alleged that the former CS colluded with the Italian directors to dupe the State.
The area where Arror Dam is to be constructed in Elgeyo Marakwet County.
File
