Nairobi — Senior principal Magistrate Eunice Nyutu has declined to disqualify herself from hearing a graft case facing former Cabinet Secretary Henry Rotich and 8 others.

The Magistrate on behalf her ruling that the application for disqualification filed by the prosecution did not meet the threshold for her disqualification.

She said the application for disqualifications is an after thought by the prosecution who have declined to read their witnesses in giving evidence against the accused persons.

She said the prosecution did not prove bias on her part nor did not show that she is hostile as alleged.

The prosecution has called a total of 41 witnesses who have not tendered their evidence against Rotich and his co-accused.

Rotich and the eight accused persons are charged for having misappropriated Sh63 billions meant for the construction of Arrow and Kimwarer dams.

They were arraigned in court in 2019, their case was adjourned to October 30 when the matter will come up for hearing.