Nairobi — A Nairobi court has declined an application to reschedule the hearing of a corruption case against former Treasury Cabinet Secretary Henry Rotich pending fresh instructions by the incoming Public Prosecutor.
Anti-Corruption Court Magistrate Kagure Nyutu dismissed "unverifiable instructions" from the Public Prosecutor's office vowing to hear the matter 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," she said in a ruling on Monday .
"This court cannot be held hostage through unverifiable instructions given to the prosecutor by word of mouth and therefore the application for adjournment is denied," Nyutu asserted.
The court issued the directive to proceed with scheduled hearings for the week even as the Office of the Director of Public Prosecutions (ODPP) said it anticipated the swearing of the new Director of Public Prosecutions (DPP) Renson Mulele, who is awaiting House approval, by Thursday.
Nyutu also issued warrants of arrest against four witnesses lined up to testify on Monday after the failed to show up.
"Further this court issues warrants of arrest for the said witnesses Mutungu Mwai Wanjohi, Boniface Mamboleo, Samuel Kimutai Kosgey and Cecilia Kaluka. "
Arrest within an hour
The Magistrate directed the Investigating Officer Wellington Ngeno to arrest the four were and produce them in court within an hour.
"These are public servants who are in public offices. I direct the DCI to arrest and bring them to court, " she said.
Out of eleven witness, only one, David Walunya Ong'are, presented himself in court. He however told the court that he was unwell and could not proceed to testify.
The court directed Ong'are to produce medical documents by 2pm proving his claim.