The office of the DPP has renewed its bid to transfer the Solai Dam case to Nairobi.
This came a
week after Naivasha principal magistrate Joseph Karanja recused himself from the matter.
The matter is now before
Naivasha chief magistrate Kennedy Bidali.
State Counsel Alexander Muteti told the magistrate that Karanja's exit is proof the trial will not be fair and impartial if the matter is handled in Naivasha.
In the case, nine
suspects have been charged with 48 counts of manslaughter and failing to prepare an environmental impact assessment report.
They are Perry Manusukh, Luka Kipyegen, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odhiambo, Willice Omondi and Lynette Cheruiyot.
Muteti further argued that most of the witnesses are in Nairobi.
He asked for more time to hand over the witness statements and other documents to the defence.
Muteti said he has been out of office and is unable to meet the previous deadline set by the court.
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But lawyer Gordon Ogolla, for the accused, said the High Court had dispensed the petition to transfer the case to another court, hence, the lower court could not deal with it.
He accused the prosecution of "shopping"
for a friendly magistrate to handle the trial after failing to deliver witnesses statements as earlier promised.
"The prosecution should admit that they do not have any case against the accused and honourably withdraw this case for the benefit of all,” he said.
In his decision, Bidali gave the prosecution until November 22 to hand over all the witness statements and other documentary evidence.