- The prosecution had lined up 39 witnesses to testify in the case.
- So far, 26 have been called.
Two witnesses in the Sh63 billion Arror and Kimwarer dams have failed to testify against former Treasury CS Henry Rotich and nine others.
When Patrick Kiptoo and Benard Ndungu were taken to the stand, the prosecution told trial Magistrate Eunice Nyutu that they had no questions for the witnesses.
The prosecution had lined up 39 witnesses to testify in the case.
So far, 26 have been called.
Out of those 26, only five have testified with the others being released.
On September 12, the office of the Director of Public Prosecutions made an oral application to have Nyutu disqualify herself from the case.
But Nyutu asked the DPP to file a formal application which they since have.
On Tuesday, she said that the application would be dealt with by way of written submissions.
She will give directions regarding it on Monday next week when the case is set to resume for hearing.
In the case, the accused persons have been charged with jointly conspiring to defraud the government by entering into a deal to construct two dams, without approval.
The offence is said to have been committed between December 17, 2014 and January 31 2019.