DPP Nordin Haji cite witness interference in Arror and Kimwarer dams case

Director of Public Prosecution (DPP) Nordin Haji has told the anti-corruption court that his office had initiated investigation on claims of witness interference in the Arror and Kimwarer case.

He told the Chief Magistrate Lawrance Mugambi that there had been extensive interference with witnesses and an attempt to pervert justice in the prosecution of former National Treasury Cabinet Secretary Henry Rotich and other accused persons in the Arror and Kimwarer dams graft case.

Through Special Prosecutor Taib Ali Taib and Senior Assistant Director of Public Prosecutions (SADPP) Alexander Muteti, Haji said that the defense in the case was pushing witnesses to resign in the case in which former treasury CS Henry Rotich is prosecuted.

“We have prosecuted cases before, but I must say this, and with a heavy heart, that this is a difficult brief, not because of its complexity, but the dynamics that come with it,” claimed Muteti.

The former Treasury CS is accused of fraud of Sh63 billion in the scam involving the Arror and Kimwarer dams, and DPP Haji has expressed his regret over what he has called a “huge interference” of witnesses in the case.

Three years after the prosecution began, just one out of 40 witnesses has given a deposition; as a result, allegations of attempts to obstruct justice have surfaced. The DPP asserts that witnesses were discouraged from testifying, ostensibly in order to thwart the administration of justice.

” I have confirmed from the Director of Public prosecutions that there is an active matter which is under investigations for interference of witnesses concerning this case, that was precisely the reason why when we made our application, we sought summons against all the remaining witnesses because the pattern that is emerging is not only disturbing but shocking to the conscience of a reasonable prosecutor,” Muteti observed.

Furthermore, Muteti informed the anti-corruption court that it had become difficult to prosecute the former CS for wrongdoing.

David Kimosop, a former managing director of the Kerio Valley Development Authority (KVDA), and former CS Rotich are two of the nine people accused of engaging in graft in connection with the awarding of contracts for the construction of the Arror and Kimwarer dams in Elgeyo Marakwet County.

Defense attorneys Katwa Kigen and Kioko Kilukumi, however, retaliated by accusing the prosecution of making a big deal out of the case and looking for scapegoats after failing to establish their case against the accused. The charges made by Muteti ignited a legal battle, with the defense attorneys demanding that the prosecution present evidence.

“If there is interference with witnesses, this is not a matter to come and make statements from the bar, you need evidence, they should have tabled before you affidavit evidence,” Kilukumi argued

Talib responded by asserting that the ODPP had previously warned the court about witness tampering and hesitation.

“In view of that, we want to assure you that this problem will be dealt with by filing the relevant applications before this court,” SP Talib alluded.

Only one witness has given testimony in this case thus far. For eight months, KVDA secretary Charity Mui provided testimony; Morris Juma, who has since passed away, was to follow.

Gideon Rotich, witness number 28, was scheduled to appear on Thursday but requested an extension, stating that he needed to review the statement he had recorded. This request lead to a dispute between the prosecution and defense teams.

Mugambi agreed with the defense’s request for the prosecution to provide evidence to support its accusations.

“On allegations of witness interference, I concur with the defence submissions that the prosecution should substantiate it by filing appropriate applications instead of sensationalising the matters,” Magistrate Mugambi observed.

Muteti requested that the witness give his testimony in front of the court, but Kilukumi, the defense advocate, protested, calling the request unconstitutional and claiming that the witness’s testimony had political overtones and might have jeopardized the prosecution.

Ultimately, the magistrate called for the prosecution and defense teams and ordered the witness to stand down after declaring that he was unfit to testify.

“Clearly, looking at the witness, he looks tense and he is not in a state of mind to testify. I urge all counsels to exercise restraint to avoid political undertones to ensure integrity and fairness of this process and safeguard the administration of justice by this court.” Mugambi directed

Former National Treasury Principal Secretary Dr Kamau Thugge had been charged alongside Rotich and Kimosop, but later had his charges withdrawn and was converted to a state witness in the matter.

Mugambi adjourned the case to November 18, to enable DPP to put his house in order.