Former Agriculture Cabinet Secretary (CS) Peter Munya has been discharged from the Kes 63 billion Arror and Kirmwarer Dams case after the persecution declined to cross-examine him after presenting himself in court following an arrest warrant.
Munya was issued an arrest warrant after failing to appear in court, where he was to give evidence against his former Energy Counterpart, Henry Rotich.
Trial Magistrate Eunice Nyutu declined to allow the adjournment sought by the prosecution, saying the warrant of arrest has been in force since Monday.
Nyutu noted that the parties seeking adjournment needed to place a formal letter from the Director of Public Prosecutions (DPP) explaining their reasons.
Further, she ordered that Munya present himself in court within one and a half hours to give evidence.
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Through Katwa Kigen, the defense counsel told the court that the prosecution has been asking for several adjournments, and to date, they do not have a single witness in court.
However, when Munya appeared in Court, the prosecution told trial magistrate Eunice Nyutu that they had no questions for Munya, and he was consequently stood down and discharged by the court.
The court warned the prosecution for failing to bring witnesses not once but several times, saying the matter was registered in 2021, and they had enough time to bond witnesses.
She said the accused persons have a right to be provided a fair trial as provided for in the constitution and the court must be seen performing its duty as provided for in the Magistrate’s Act
The court reluctantly adjourned the matter to September 11, 2023, and directed that the prosecution must bring all witnesses to court on that day.
