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New DPP Renson Ingonga seeks time to examine Sh65bn Arror, Kimwarer case

Director of Public Prosecutions (DPP) Renson Ingonga has sought 14 days to review the Sh65 billion Arror and  Kimwarer dams graft case against former Treasury Cabinet Secretary Henry Rotich.

Mr Ingonga made the request on October 2, 2023, the same day state prosecutors Geoffrey Obiri and Oliver Mureirhi told Chief Magistrate Eunice Nyuttu they could not proceed with the case without fresh instructions.

But an adamant Nyuttu ordered Obiri to lead evidence from the two bonded witnesses.

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In response, Obiri declined to ask the witnesses questions.

“I have no questions for the witnesses,” Obiri told the court.

This forced the court to release the two witnesses from the bar.

So far, 17 witnesses have been released without testifying following a request for the court to allow the new DPP 14 days to settle in office and peruse through the file before issuing appropriate instructions.

Obiri insisted he could not proceed with the case since he was ‘handicapped’.

Mr Ingonga was recently sworn into office by President William Ruto at State House, Nairobi, with instructions to help in fighting the war against graft.

He replaced Noordin Haji, his former boss, who was appointed the boss at the National Intelligence Service. (NIS)

The defense did not object to the matter being adjourned.

But trial Magistrate Nyutu maintained her position saying the DPP has the discretion to file an application or to review the file at any stage of the trial.

“Considering there are witnesses before court, I find application for adjournment is without merit and is therefore disallowed,” said Nyutu.

Immediately after the court pronounced itself, prosecutor Oliver Mureithi called in their witnesses. The witnesses took to the dock with Mureithi saying he had no questions for them.

The witnesses were subsequently released and the matter was put off until October 3, 2023.

Rotich and nine others have denied charges of abuse of office in relation to the reported loss of public funds in the project.