The Prosecuting team in the Sh65 billion Arror and Kimwarer dams case has adopted a trend of calling its witnesses and having them released without testifying.
The witnesses appear in court ready to testify only to be released after the prosecution informs the court “Your honor, we have no questions for this witness.”
This was the fate of Julius Muya and James Kuria on Wednesday after the prosecution let them go without asking a single question.
These are witnesses who had recorded their statements with the Directorate of Criminal Investigations when the matter was being probed.
So far, 24 witnesses have appeared and released under such circumstances. Only 8 witnesses have given their evidence in court against former Treasury CS Henry Rotich and nine others.
At some point, trial Magistrate Eunice Nyutu warned anybody trying to interfere with the case or non-production of witnesses.
"I will not hesitate to exercise my powers and cite parties in court for contempt. It is also the last time the matter was being adjourned," she said.
She made these remarks when a warrant of arrest was issued against former Agriculture CS Peter Munya for failing to appear in court as a witness in the case.
The case is set to resume on Thursday for further hearing with the prosecution expected to produce other witnesses who are likely to be discharged as has been the norm.
Rotich is charged alongside former Kerio Valley Development Authority (KVDA) Managing Director David Kimosop with conspiracy to defraud the government of Sh63 billion to construct the Arror and Kimwarer dams in Elgeyo Marakwet.
Also facing the charges are former Chief Economist Kennedy Nyakundi, former Nema Managing Director Geoffrey Wahungu, and KVDA officials Jackson Kinyanjui, William Kipkemboi, Paul Kipkoech, Francis Chepkonga and Titus Muriithi.
They are facing various counts for allegedly conspiring to defraud the government by entering into a contract for the construction of the Arror and Kimwarer dams without approval and proper planning