UPDATE: The court, on Monday, granted DPP Noordin Haji a warrant of arrest against Italian Paolo Porcelli for failing to appear in court for the second time, moments after this article was published.
DPP Noordin Haji was dealt a hard blow after his request for an arrest warrant was denied by the court.
Haji sought an arrest warrant for an Italian, Paolo Porcelli, for failing to appear in court for the second time.
Porcelli is the CEO of CMC di Ravenna, which has been adversely mentioned in the Arror and Kimwarer dams scandal.
Magistrate Douglas Ogoti dismissed Haji's request stating that the Office of the DPP could pursue an application after the others accused in the Arror and Kimwarer dams scandal take plea.
The case's special prosecutor Taib Ali Taib, however, adviced that Porcelli should be declared a fugitive.
Porcelli's lawyer also presented an explanation to the court on why he was absent and thus made a request to have the application by his client heard.
The prosecution opposed the bid by the lawyer to take plea on behalf of the two Italian companies implicated in the scandal.
Taib thus demanded for a resolution presented in court, showing that the companies instructed him to take plea on their behalf.
The lawyer, however, declined to take plea on behalf of the Paolo, saying that he can only take plea for the companies and not the person.
Taib asked for court records to show that Paolo has refused to appear in court and raised concerns that the lawyer was not sent by the Italians .
The court entered a plea of not guilty against one of the companies. The High Court will determine whether it is right or wrong for the lawyer to take pleas for the companies.
Meanwhile, former KVDA boss, David Kimosop, alongside seven others, were charged with conspiracy to defraud, as well as abuse of office, and failing to follow procurement procedures.
Nelson Korir, a member of the tender committee, was accompanied to court by a doctor due to his medical condition.
His lawyer, Katwa Kigen, asked the court to exempt him from being taken to the cells as his bond is being processed.
Ogoti allowed the application and ordered that he remains in court while his co-accused is taken to the cells.
