The hearing of a case against Ex-Treasury Cabinet Secretary Henry Rotich over the alleged misappropriation of funds in the Arror and Kimwarer dams project, was temporarily halted on Monday after the relevant file went missing.
The case was set to be heard on Monday September 20, 2021 by Justice Anthony Mrima, but was put aside after the file could not be traced.
The judge had initially provided the registry with a couple of hours to trace the file, but when they could not get it, he directed that the matter will be heard on a later date when the file is available.
While postponing hearing of the matter, Justice Mrima noted that parties will be briefed on the way forward by the Deputy Registrar once the file is found.
The CS and other co-accused are charged with several offences that include; abuse of office, conspiracy to defraud the government, and failure to comply with the law while executing contracts that tied the government to pay approximately Sh63 billion for the construction of the two dams.
During the previous hearing of the case, Rotich accused the DP of bias and selective prosecution, arguing that other high-profile gov’t officials are yet to be prosecuted over the matter.
On its part, the Office of the Director of Public Prosecution sought to have the case transferred to the Chief Justice for allocation of an uneven bench.
While making the application, the DPP argued that matters they want addressed are of great importance to Kenya’s fight against graft.