The Director of Public Prosecutions has dropped graft charges against nine accused persons in the Arror and Kimwarer corruption case.
In a new application filed in court under a certificate of urgency, the DPP produced a charge sheet that has less nine people who had initially been charged alongside former Treasury CS Henry Rotich in the scandal.
The prosecution wants the court to consolidate Rotich's case with that of former KMVDA boss David Kimosop, who had been charged in a separate file.
According to the application, the consolidation will reduce the number of suspects from 18 to nine.
“That persons against whose names do not appear in the consolidated charge sheet be set free henceforth and their respective cases be deemed as duly terminated under Section 87 (a) of the Criminal Procedure Code," the application says.
The prosecution further says the consolidation of the two files will reduce the number of witnesses from 104 in both cases to 52 in the consolidated matter, which will expedite it.
In an affidavit by state counsel Alexander Muteti, the DPP says the consolidation of the charge sheet will also result in the reduction of the counts from 40 to 30.
Muteti argues that consolidation was necessary as the two cases arise from similar facts and circumstances and therefore will not be prejudicial to the accused persons.
They will also rely on the same witnesses and exhibits in prosecuting the matter.
“In the interest of justice, that two matters be consolidated to avert unnecessary delay in the conclusion, if the matter considering the amount of public funds that are subject of the trial,” reads court documents.
The defence, however, objected to the consolidation of the two files, saying they wanted to proceed with the hearing instead.
Lawyer Katwa Kigen said they were served with the application on Thursday last week.
Kigen argued that since 2019, when the suspects were charged, the charge sheet has been amended more than three times.
“This is the fifth time that we are taking plea afresh having done that on July 23, 2019, October 31, 2019 and May 11, 2021,” Kigen said.
He accused the DPP of abuse of power in the manner he is handling the matter.
“The issue before you is a question of abuse of DPP powers to prosecute this matter,” Katwa said.
The lawyer argued the DPP should not go to court casually with the application of consolidation.
However, special prosecutor Taib Ali Taib said they were keen on expediting the matter before the court.
Taib said the consolidation was brought up after some of the accused approached the DPP seeking a review of their file.
“It was not the DPP who triggered the process. It was the accused who triggered and the DPP responded,” Taib said.
He also dismissed claims by Kigen that they had amended the charges five times but three.
Mugambi directed the defence to file responses in three days and the DPP to respond to them in the same period.
The case will be mentioned on October 26 to confirm compliance.
Edited EKibii
