- The DPP argues that consolidating the two cases will save time for the court and witnesses.
- Ex-CS Henry Rotich’s lawyer Kioko Kilukumi told the court that they will be opposing the application for consolidation of the two cases.
The Director of Public Prosecution (DPP) on Monday made an application seeking the consolidation of the two dams (Arror and Kimwarer) cases into one.
The DPP’s team led by Special Prosecutor Taib Ali Taib, SADPP Alex Muteti and Angela Okallo argue that the two cases have the same facts, circumstances, exhibits, accused persons and witnesses, hence the need to consolidate them into one.
According to the DPP, this will save time for the witnesses to testify and the court to adjudicate.
In the KSh63 billion Arror and Kimwarer dams’ corruption case, former Treasury CS Henry Rotich and former KVDA Managing Director David Kimosop are accused of conspiring to defraud the government of the said money by entering into a deal for the construction of the two dams in Elgeyo Marakwet County, yet the project had not been approved.
The prosecution says that consolidating the two cases will reduce; witnesses from 104 to just 52, the counts from 40 to 30 and the accused persons from 18 to 9.
“The consolidation will shorten the trial process. It will also enable court & accused persons to easily follow the presentation of evidence since the prosecutorial strategy for the presentation of evidence in the two cases is similar,” argues the DPP.
Rotich’s lawyer, Kioko Kilukumi, however, told the court that they will be opposing the application for consolidation of the two cases.
Kilukumi requested the court to grant him more time t prepare a detailed response explaining how the two cases should not be consolidated.
Kimosop’s lawyer Katwa Kigen also accused the DPP of delaying the case by introducing new charges in the case.
The case will be mentioned on October 26, 2021.