Former Treasury Cabinet Secretary Henry Rotich has opposed plans to merge two case files involving the Sh63 billion Kimwarer and Arror dams’ scandal, arguing that it was a ploy by the prosecution to delay his trial.
Further, Mr Rotich told chief magistrate Lawrence Mugambi to put on hold the trial to await the outcome of a petition he has filed at the High Court challenging his prosecution.
Through lawyer Kioko Kilukumi, Mr Rotich said Director of Public Prosecutions (DPP) amended some charges against him to defeat a suit before the High Court.
“The prosecution in amending and altering the charges facing the 1st accused, will invariably affect and render inefficacious the orders sought from the High Court, in the event the court was to grant those prayers. It is an attempt to circumvent the course of justice,” Mr Kilukumi argued.
In the proposed new charges, the DPP has brought 19 counts against Mr Rotich and it is his argument that he will sit through the trial as a spectator on the 11 other counts, yet he has nothing to do with the offences.
He pointed out that the cases had been separated to deal with the alleged failure to adhere with procurement laws and implementation of the projects, while another file dealt with financial aspects, which he said can be properly tried separately.
Former Kerio Valley Development Authority (KVDA) managing director David Kimosop also opposed the merger of the cases arguing that a charge sheet containing 30 counts is an overload.
Through Philip Nyachoti, the court heard that the consolidation will cause an injustice to the accused persons.
The DPP sought to amend the charges and dropped some of the accused persons, saying they plea bargained and offered themselves as prosecution witnesses.
Mr Mugambi will rule on the matter on October 29.