• Muteti added that investigations into witness interference were open and ongoing.
• The prosecution had asked the court to summon Gideon Rotich to testify on Thursday, but he was no ready.
Image: FILE
The Office of the Director of Public Prosecutions has dismissed claims that witnesses in the Arror and Kimwarer dams case refused to testify.
In a statement released on Friday, Senior Assistant Director of Public Prosecution Alexander Muteti said there were contradicting reports regarding the ongoing multi-billion graft case.
"We would like to clarify that the second witness, Gideon Rotich, did not testify because he was the next person in line, and thus asked for more time to prepare to return and provide evidence," he said.
Muteti added that investigations into witness interference were open and ongoing.
On Thursday, Muteti told Chief Magistrate Lawrence Mugambi that the ODPP was aware that the witnesses is being asked not to appear in court to testify.
"We have reliably learnt of an effort to interfere with witnesses or dissuade them not to appear in this matter," he said.
He said they had come to the conclusion after the defence lawyers made an application to adjourn the matter, saying the witness in the dock was not on their initial list supplied to parties.
He said they had initially listed Maurice Juma as the second witness but he has since passed on so they wanted to substitute him with a new witness.
The prosecution had asked the court to summon Gideon Rotich to testify on Thursday, but he was not ready.
In his Friday statement, Muteti said the hearing will continue on November 18 and December 15, 2022.
He maintained that the ODPP is keen to execute the rule of law.
"The ODPP remains committed to executing its constitutional mandate in accordance with the rule of law and further, with due regard to the public interest, the administration of justice, and avoidance of abuse of the legal process," he said.
In the case, former Treasury CS Henry Rotch and seven others are charged with conspiracy to defraud Sh56,360,501,604.99 for the development of the multi-purpose dam project.