Nairobi — The public prosecutor has until March 19 to supply evidence against former Finance Cabinet Secretary Henry Rotich after a trial on the alleged embezzlement of public funds under his watch failed to kick off for the third time on Monday.
While giving the Director of Public Prosecutions Noordin Haji the last chance to comply with the directive, Milimani Anti-Corruption Court Chief Magistrate Douglas Ogoti expressed dismay over the delayed submission of evidence against Rotich and other accused persons two year since they were charged and hounded out of office.
Rotich, former Treasury Principle Secretary Kamau Thugge and eight other National Treasury officials were charged in July 2019.
The trial magistrate said the failure by the Prosecution to avail evidence and exhibits to the accused persons is unconstitutional.
The court was moved by the defense lawyers Philip Nyachoti and Katwa Kigen who notified the magistrate their clients were yet to be supplied with material evidence to enable them prepare for trial.
The lawyers noted that the public prosecutor had a responsibility to furnish accused persons with evidence once plea is taken.
The accused have continued to appear in court for mentions with the magistrate unable to give a hearing date for commencement of trial without disclosure of evidence the the prosecutor’s office.
Rotich and his co accused were charged in connection with the award of tenders for Arror and Kimwarer multipurpose dams to an Italian firm.
The National Treasury had in March 2019 indicated Sh12 billion was spent to secure funding for the construction of the Arror and Kimwarer dams under a government-to-government arrangement.
READ: AG okayed Sh12bn to secure funding for Arror, Kimwarer dams – Treasury
The Sh12 billion was part of the conditions precedent outlined in a financing agreement approved by the Attorney General before the National Treasury signed it on April 18, 2017.
The amount entailed an arrangement fee of Sh545.9 million, a Sh359.5 million commitment fee, a Sh3.5 million agency fee and a Sh11.1 billion insurance premium paid to a government-owned Italian contractor – Servizi Assicurativi del Commercio Estero (SACE).
SACE was paid a Sh7.8 billion advance fee representing 15 per cent of the contract amount.