The Director of Criminal Investigations (DCI) has been ordered to arrest four senior government officials who are witnesses in the Ksh63 billion Arror and Kimwaer dam case against former Treasury Cabinet Secretary (CS) Henry Rotich and avail them within an hour in court.
This is after Anti-Corruption Court magistrate Eunice Kagure Nyutu issued warrants of arrest against Cecilia Kaluka an official at the office of the Auditor General, Boniface Mamboleo an employee of NEMA and Public servants Mutungu Mwai Wanjohi and Samuel Kimutai Kosgey.
“The four witnesses are public servants and can be arrested and brought to court. I therefore give the DCI one hour to arrest and produce the four in court by 11:46 a.m.” Nyutu ordered.
The order against the four was issued after the court declined a plea by state prosecutor a Mr Obiri who sought an adjournment in the case saying he has not yet received 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,” Magistrate Nyutu ruled.
“This court cannot be held hostage through unverifiable instructions given to the prosecutor by word of mouth and therefore the application for adjourned is denied and further this court issues warrants of arrests for the said witnesses, ” she ordered.
Investigating officer Wellington Ngeno in the case was directed to ensure the four are arrested and produced in court in one hour to testify in the case.
Ngeno told the court that he had last week bonded a total of 11 witnesses and we’re expected to testify in marathon hearings that were scheduled for this week.
However, only David Walunya Ong’are was in court but could not testify because he was unwell.
He was also ordered to produce by 2 pm today medical documents showing he was unwell and unable to testify.
Ngeno told the court that the matter of Karuka from the Auditor General’s office testifying would be taken up by his boss Michael Sang incharge Serious Crime Unit at the DCI.
He said that he didn’t not know why Sang failed to bond her as required.
The warrants against the four witnesses come bare a week after similar orders were issued against former Agriculture CS Peter Munya.
Munya honoured the court orders and appeared within one hour.
