• Chief magistrate Ogoti said since High Court had stopped the trial of Mabele, thathad affected all accused persons including former CS Henry Rotich, his ex-PS Kamau Thugge and 27 others.
• Advocate Mabele said he was wrongly charged only for providing his professional services in the registration of a company. He called the charges an outright abuse of the DPP's powers.
The Anti-Corruption Court on Monday suspended prosecution of the Sh63 billion Kimwarer and Arror dams graft case against former CS Henry Rotich.
Proceedings were also suspended for his former PS Kamau Thugge and others.
They were adjourned for 30 days.
The suspension follows the successful application of one of the suspects, Richard Mabele, to stop his prosecution.
Chief magistrate Douglas Ogoti said since the High Court had issued an order stopping the Mabele's trial, it had affected the trials of all the others.
"Since all the accused persons are jointly charged, it means that all the 29 suspects have been affected by the superior court orders," Ogoti said.
The magistrate, therefore, granted the request by the Director of Public Prosecutions for a 30-day adjournment to confirm the stay of the High Court case.
Rotich and Thugge were present in court.
“The prosecution of the petitioner is hereby stayed pending hearing and determination of the petition,” an order issued by Justice Mumbi Ngugi last week reads.
In a petition filed on February 13, Mabele, who is yet to plead to the charges, sought the intervention of the court to prohibit his continued prosecution. He said the charges have been preferred against him in a manner that is an "outright abuse' of the DPP’s powers contrary to law.
He alleged that he was charged solely for rendering his professional services in the registration of a company.
He said that on February 14, which was two days before his wedding, Mabele was summoned by the DCI for interrogation about his involvement with a Kenya foreign company, CMC Di-Ravena Kenya branch.
He asked the court to intervene, saying the DPP’s actions amount to abuse 0f power, abuse of the court process and is cultivated to intimidate, harass and interfere with his professional functions as an advocate and certified public secretary.
Prosecutor Taib Ali Taib asked the magistrate to issue a warrant of arrest for 18 suspects who have never appeared in court.
Some of the suspects yet to appear in court include Paolo Porchelli, CMC Di Ravenna Italy.
In the charge sheet, Porcelli, CMC Di Ravenna - Itinera Jv and CMC Di Ravenna- Itinera JV Kenya Branch are accused of jointly conspiring to defraud the government of Sh27,740,760,550 between December 17, 2014, and September 27, 2018.
The case will be mentioned on March 26 to confirm the status of the case at the High court.
Rotich and Dr Thugge, former PS Dr Susan Koech, Former Kerio Valley Development Authority Managing Director David Kimosop, Kennedy Nyachiro (chief economist and), Jackson Kinyanjui (head of Europe division) and Titus Muriithi (director of resource mobilisation at Treasury) have denied more than 30 charges.
They were all accused of jointly conspiring to defraud the government of millions of shillings by entering into a deal to construct the two dams, without approval. They allegedly committed the offence between December 2014 and January 31, 2019.
(Edited by V. Graham)