The prosecution has failed to lead former CS Peter Munya to testify as a witness in the Arrow and Kimwarer dams case.
Munya appeared in court Thursday but when he took the witness stand, the prosecution said they were not ready to proceed with the matter.
They wanted an adjournment.
Trial Magistrate Eunice Nyutu however declined their application.
With Munya being on the stand, the prosecution said they had no questions for him.
He was subsequently let go.
Prior to this, a warrant of arrest had been issued against Munya for failing to appear in court as a witness in the case.
Today's proceedings resulted in the Magistrate issuing a warning to anybody trying to interfere with this case or non-production of witnesses.
"I will not hesitate to exercise my powers and cite parties in court for contempt," she said.
"It is also the last time the matter was being adjourned."
The matter will now proceed on September 11.