The Anti-Corruption Court has ordered the Director of Criminal Investigations (DCI) to swiftly arrest and present four senior government officials who are crucial witnesses in the Sh63 billion Arror and Kimwarer dam case in court. The case is being pursued against former Treasury Cabinet Secretary (CS) Henry Rotich.
The four officials targeted by the arrest warrants are Cecilia Kaluka, an official at the office of the Auditor General, Boniface Mamboleo, an employee of the National Environmental Management Authority (NEMA), and public servants Mutungu Mwai Wanjohi and Samuel Kimutai Kosgey.
Magistrate Eunice Kagure Nyutu’s order was delivered after the court declined a plea by state prosecutor Mr. Obiri for an adjournment due to his need to receive formal instructions from his boss, who is yet to be sworn into office.
“This court has a duty to ensure matters are heard expeditiously. I find the reasons given by the prosecution seeking to take out the hearing dates for this week pending the post-vetting of the incoming DPP is not justifiable,” ruled Magistrate Nyutu.
She further emphasized, “This court cannot be held hostage through unverifiable instructions given to the prosecutor by word of mouth and therefore the application for adjournment is denied, and further, this court issues warrants of arrests for the said witnesses.”
The court granted the DCI a tight window, instructing them to arrest and produce the four witnesses in court within one hour, setting the deadline for 11:46 a.m.
Investigating officer Wellington Ngeno informed the court that last week, he had bonded 11 witnesses who were expected to testify during the scheduled marathon hearings this week. However, only one witness, David Walunya Ong’are, was present in court but unable to testify due to illness.
Ngeno was directed by the court to provide medical documents proving Ong’are’s unfitness to testify by 2 p.m. today.
Intriguingly, the matter of Cecilia Kaluka from the Auditor General’s office was cited as one to be addressed by Ngeno’s superior, Michael Sang, in charge of the Serious Crime Unit at the DCI. Ngeno expressed his lack of knowledge regarding Sang’s decision not to bond her as required.
This unfolding development in the Arror and Kimwarer dam case against Henry Rotich and other accused parties continues to draw significant attention as the court maintains its commitment to expedited proceedings.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
