The Office of the Director of Public Prosecutions might review the Sh65 billion Arror and Kimwarer dams graft case as witnesses in the case are being released without testifying.
Lead prosecutor Geoffrey Obiri on Monday made another attempt to have the case adjourned.
Obiri asked the court to give them 14 days to enable the new DPP Renson Mulele settle down, look at the file and direct appropriately.
Obiri, however, stated that they still had two witnesses present in court.
The defence did not object to the matter being adjourned.
But trial Magistrate Eunice Nyutu maintained her position saying the DPP has the discretion to file an application or to review the file at any stage of the trial.
"Considering there are witnesses before court, I find application for adjournment is without merit and is therefore disallowed," Nyutu said.
Immediately after the court pronounced itself the prosecutor Oliver Mureithi called in their witnesses. The witnesses took to the dock with Mureithi saying he had no questions for them.
The witnesses were subsequently released and the matter was pushed tomorrow for hearing.
