Prosecution wants Magistrate Nyutu recuse herself in Arror and Kimwarer sase

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The prosecution in the Sh63 billion graft case for construction of the Kimwarer and Arror multi-purpose dams in Elgeyo Marakwet county has failed to lead five witnesses to testify.

The prosecution had called witnesses to testify against former CS Henry Rotich and when they took to the witness stand, the prosecution said they had no questions to the witnesses. 

Similarly, the prosecution  have filed an application seeking to have the trial magistrate -Eunice Nyutu recuse herself  in the case in which former Treasury CS Henry Rotich and former KVDA managing director David Kimosop are charged alongside eight others with conspiracy to defraud the state

In the application, they claim that the court has exhibited open bias and hostility towards the prosecution. 

They further accuse the court of denying the prosecution merited adjournments. 

The prosecution had earlier failed to lead former Agriculture CS Peter Munya to testify on August 31 hence  dropped as a witness. 

The matter has now been set for mention on September 26.

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