Sacked Treasury Cabinet Secretary, Henry Rotich, is battling the Director of Public Prosecution (DPP) Noordin Haji's request to amend the charge sheet in the Arror and Kimwarer dam’s case.
Rotich on Tuesday, October 26, opposed an application by the DPP and received backing from former Kerio Valley Managing Director, David Kimosop.
In separate submissions, the two argued that the merger of charges in the case as sought by the DPP would derail the determination of the matter.
Through his lawyers, Rotich opposed the application arguing that the proposed amendment to the charge sheet will be a violation of constitutional provisions and termed the move by the State as null and void, accusing the DPP of attempting to outwit the law.
“It is an attempt to circumvent the course of justice. It will only be fair and just for this subordinate court to await the hearing and determination of the petition by the superior court for the orderly administration of justice," Rotich stated.
"We submit, consolidation of charges before the hearing and determination of the pending petition before the High Court will undermine the rights of the 1st accused to access justice,” he added.
On his part, Kimosop accused the DPP of abusing his office and called on the magistrate to dismiss the matter.
Kimosop argued that his case involved allegations on the financing of the development of Arror and Kimwarer multipurpose dam projects and the other case involved alleged failure by the accused persons to effect and adhere to procurement processes.
His lawyers argued that if the cases are combined it will take long before the court makes its final judgment.
DPP wanted to consolidate the two cases asserting that they arise from similar facts and circumstances and their merger will not prejudice the respondents.
This comes after the DPP sought to amend the Ksh63 billion graft charges against Rotich, and others over the Kimwarer and Arror Dams case.
The DPP through a special prosecutor, Taib Ali Taib, and Deputy Director of ODPP, Alexander Muteti, wanted to amend the case by combining Rotich's case with that of Kimosop, following a review of the two graft cases.
The amendments sought to drop the number of accused people from 18 to 9 and reduce the counts from 40 to 30 in the two matters.
