Former Agriculture Cabinet Secretary (CS) Peter Munya who had been compelled to appear in court and testify in the the Ksh63 billion Arror and Kimwarer dam corruption case against former CS Henry Rotich left the courtroom without uttering a word.
The new turn of events happened after the DPP failed to question Munya about the scandal having been the whistle-blower in the scam.
“I have no question for the former Agriculture CS Munya in respect to this matter,” state prosecutor Oliver Muriethi told Anti-Corruption magistrate Eunice Nyutu.
This followed after the magistrate forced the prosecutor to lead Munya to testify against Rotich and seven others in the multi-billion dams scandal.
The prosecutor had earlier sought to have the matter adjourned to allow the new DPP Renson Ingonga assume office after being vetted and officially sworn in before President William Ruto.
“I urge this court to adjourn this case to enable the incoming DPP Ingonga to assume office and then review this file and fresh directions,” Muriethi said.
The application to stand over the case was met with stiff opposition from the magistrate who directed the case to proceed because the police had taken a statement from Munya and the case was listed for hearing today.
“The trial dates in this matter were taken in November last year and the DPP had all the time to prepare his witnesses in readiness for the hearing, ” Nyutu said.
The magistrate said she will not condone the conduct of the DPP who is interfering with the court process by seeking unnecessary adjournment in the case.
While putting the conduct of the DPP on the spot, Nyutu cases must be heard and determined expeditiously as the rights of the account persons are in jeopardy.
“The accused persons herein want to know their fate having been sitting in court since they were first charged in 2019. This is not a matter of getting directions from the DPP who is required under Articles 50 and 157 to prosecute cases expeditiously. The rights of accused persons can not be compromised, ” Nyutu stated furiously.
Even with the tongue-lashing, the magistrate discharged Munya and ordered the prosecution to avail further lined witnesses including the Attorney General, a witness from the Auditor General on September 11.
Munya appeared in court on the strength over a warrant of arrest issued on Tuesday, August 29, 2023, after failing to appear in court to testify in the case.
Earlier the investigating officer Dauglous Chege had told the court that his boss was unable to execute the arrest order against Munya as issued by the court.
After Chege’s disclosure, Nyutu ordered Munya to appear in court within an hour.
Shortly after 11:00 am, Munya dressed in a sky blue suit walked into the courtroom.
At exactly 11:15 am, the court session resumed where by Munya apologized to the magistrate for failing to appear earlier saying that he had not received a summon to attend court.
“I had not received a summons to testify in this case. I have always been willing to come to court but l have never failed to turn up in court to give evidence in this matter. I failed to appear in court today since I received information that there were new developments over the review of the case, ” Munya told Nyutu.
The defence team led by Katwa Kigen did not oppose the application by DPP for adjournment but noted that the case against Rotich and his co-accused person was brought to court with ulterior -motives as the state has struggled to avail witnesses.
Munya was to testify in the case where former CS finance Rotich and his co-accused persons 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 Arror and Kimwaer dams.
The nine are accused of conspiracy to defraud the government of Kenya USD 501,829,769 by unlawfully initiating and entering into contraction, financing and insurance agreement for the development of Arror and Kimwarer Multi-purpose dams.
They face 29 charges of engaging in a project without prior planning, willful failure to comply with procurement laws, Abuse of office and committing an offence of financial misconduct.
