The Ksh 63 billion Arror and Kimwarer Dam graft against former treasury CS Henry Rotich has taken a new turn after the DPP filed a formal application urging that the trial Anti-Corruption Court Magistrate Hon. Eunice Nyutu to recuse herself from the case citing biases and hostility.
In the application, the ODPP states “That court has exhibited bias and hostility towards the prosecution,”
The DPP accuses the magistrate of 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 wait for the decision of Ingonga amounts to interference with the prosecution of the matter.
As a consequence, the DPP believes that the court has repeatedly refused to grant the prosecutions merited adjournments.
“The court has often times granted the prosecution unreasonable short timelines to procure the attendance of witnesses often at times within an hour, ” State Prosecutor Oliver Muriethi states in his affidavit.
The prosecution says that the court has been compelling it to proceed with the hearing contrary to express orders of the High Court which require the office to meet certain timelines when serving defence counsel.
