The public prosecutor has until March 19 to supply evidence against former Finance Cabinet Secretary Henry Rotich after a trial on the alleged embezzlement of public funds under his watch failed to kick off for the third time on Monday. – By John Mutiso.
The Anti-Corruption Court has given Director of Public Prosecution Noordin Haji a last chance to supply evidence in the Sh63 billion Kimwarer and Arror dams case against former Treasury Minister Henry Rotich.
While giving the Director of Public Prosecutions Noordin Haji the last chance to comply with the directive, Milimani Anti-Corruption Court Chief Magistrate Douglas Ogoti expressed dismay over the delayed submission of evidence against Rotich and other accused persons two year since they were charged and hounded out of office.
The trial magistrate said the failure by the Prosecution to avail evidence and exhibits to the accused persons is unconstitutional.
The court was moved by the defense lawyers Philip Nyachoti and Katwa Kigen who notified the magistrate their clients were yet to be supplied with material evidence to enable them prepare for trial.
However, the DPP sought two more weeks to supply all the documents, including witness statements from former Treasury Principal Secretary Kamau Thugge and former Wildlife PS Susan Koech, who have since become state witnesses.
“The DPP seeks two more weeks to file an amended charge sheet and complete full disclosures in the case. We also seek adjournment since the two lead state prosecutors – Alexander Muteti and Ali Taib – have gone to condole with their boss Noordin Haji following the loss of his father, Garissa Senator Yusuf Haji,” the magistrate heard.
Rotich and his co accused were charged in connection with the award of tenders for Arror and Kimwarer multipurpose dams to an Italian firm.
The National Treasury had in March 2019 indicated Sh12 billion was spent to secure funding for the construction of the Arror and Kimwarer dams under a government-to-government arrangement.