There are indications that former Finance CS Henry Rotich may walk free in the Sh63 billion Arror and Kimwarer dam scam.
This is after State Prosecutor Oliver Mureithi disclosed in open court that he will review the evidence and charges after the vetting of new Director of Public Prosecutions (DPP) Renson Mulele Igonga.
Milimani Anti-Corruption Chief Magistrate Eunice Nyutu was told that "soon after the new DPP Renson Igonga officially assumes office, a review of the case and new directions will be given in the Sh63 billion graft case against Rotich and others".
The revelation came as former Agriculture CS Peter Munya, the whistleblower in the monumental fraud case, was due to testify.
"The matter is coming up for further hearing, I am instructed to seek an adjournment to allow the new DPP to give us directions on how to proceed as he will need time to consider the charges against Rotich and eight others before the case can proceed for further hearing," Mureithi told the magistrate.
He applied for the case to be adjourned until mid-September 2023 to allow his new boss to familiarise himself with the case, review it, consider the current charges and give fresh directions before the trial resumes.
The defence team led by Katwa Kigen did not oppose the prosecution's request for an adjournment but noted that the case against Rotich and his co-accused was brought to court with an ulterior motive as the State was struggling to call witnesses.
The magistrate, however, refused the request, forcing him to call the witnesses to the dock to proceed since the prosecution had not filed a formal application for an adjournment.
Mureithi told the court that witnesses who were supposed to testify, including former Agriculture CS Peter Munya, former Attorney General Githu Muigai and Auditor General Edward Ouko, were not in court.
The magistrate wondered why the DPP had not put his house in order since November last year when the trial dates were fixed.
She ordered the next witness, Mr Munya, to take the witness stand to proceed.
The former CS, who had been compelled to appear in court to testify in the Sh63 billion Arror and Kimwarer dam scam case, left the courtroom without uttering a word in the dam scandals.
The new twist came after the DPP failed to question Mr Munya, who was the whistleblower in the scandal.
"I have no question for former Agriculture CS Munya in this matter," state prosecutor Oliver Muriethi told Ms Nyutu.
This came after the judge forced the prosecutor to lead Mr Munya to testify against Mr Rotich and seven others in the multi-billion dollar dams scandal.
Mr Munya appeared in court on a warrant of arrest issued on Tuesday August 29, 2023 after he failed to appear in court to testify in the case.
Mr Munya apologised to the magistrate for not appearing earlier, saying he had not received a summon to appear in court.
"I had not received summons to appear in this case. I have always been willing to appear in court but I have never failed to appear in court to testify in this matter,” Mr Munya told Ms Nyutu.
Mr Rotich and his co-accused namely Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu are charged with abuse of office over the construction of the Arror and Kimwaer dams.
The nine are accused of conspiring to defraud the Government of Kenya to the tune of $501,829,769 by unlawfully entering into a contract, financing and insurance agreement for the development of the Arror and Kimwarer Multipurpose Dams.
They face 29 counts of entering into a project without prior planning, wilful failure to comply with procurement laws, abuse of office and financial misconduct.
