Nairobi News

A former Cabinet Secretary in former president Uhuru Kenyatta’s government has been produced in court in relation to the Sh63 billion Arror and Kimwarer dams graft case.

But the case involving Peter Munya, the ex-Agriculture CS, however failed to proceed after the prosecution called for more time.

“I have no question for the former Agriculture CS in respect to this matter,” state prosecutor Oliver Muriethi told Anti-Corruption magistrate Eunice Nyutu.

This is after the magistrate asked the prosecutor to lead Munya to testify against Rotich and seven others in the multi-billion dams scandal.

The prosecutor had earlier sought the matter be adjourned to allow the new Director of Public Prosecutions (DPP) Renson Ingonga assume office after being vetted and officially sworn in before President William Ruto.

Ingonga was appointed by President Ruto but is yet to be vetted by Parliament.

“I urge this court to adjourn this case to enable the Ingonga to assume office. He will then review this file and offer fresh directions,” said Muriethi.

But the magistrate directed the case to proceed because the police had taken statements from Munya. She explained that the case had been listed for hearing.

“The trial dates in this matter were taken in November 2022 and the DPP had all the time to prepare his witnesses in readiness for the hearing,” said Nyutu.

The magistrate said she will not condone the conduct of the DPP, whom she accused of interfering with the court process ‘by seeking unnecessary adjournments’.

Even with the tongue lashing, the magistrate discharged Munya and ordered the prosecution to avail further lined witnesses including the Attorney General, and a representative from the the Auditor General on September 11, 2023.

Munya appeared in court on the strength of a warrant of arrest issued on 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.

And shortly after 11am Munya dressed a skyblue suit walked into the courtroom.

At exactly 11:15 am, the court session resumed where Munya apologized to the magistrate for failing to appear earlier saying that he had not received summons to attend court.

“I had not received summons to testify in this case. I have always been willing to come in court but and 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 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 in court with ulterior -motive as the state have struggled to avail witnesses.

Munya was to testify in the case where former Finance CS 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 (about Sh70 billion) 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.

Also read: Two civilians arrested in Kilifi after receiving Sh250,000 bribe for KDF job