Further frustrations continue to rock the Ksh63 billion dams case against former Treasury Cabinet Secretary Henry Rotich after the Directorate of Criminal Investigations (DCI) failed to arrest four witnesses within an hour as ordered on Monday.
When the court session resumed at 11:46 am, the prosecutor said that warrants of arrest against Cecilia Kaluka, an official at the office of the Auditor General, Boniface Mamboleo an employee of National Environment Management Authority (NEMA) and public servants Mutungu Mwai Wanjohi and Samuel Kimutai Kosgey had been extracted and DCI is pursuing them in a bid to arrest and present them before court.
"Your honor the four witnesses have not been arrested yet as police as still pursuing them. There are no witnesses to present now," State Prosecutor Obiri told the magistrate.
The prosecutor, however, urged the magistrate to indulge them, while police pursued the four government officials.
At the same time, the only witness David Walunya Ong'are who had turned up in court could not testify since he is under medication.
Walunya, who had been given until to 2 p.m. to avail evidence that he could not testify, furnished the court with a medical report about his health status.
As a result, Walunya was excused from testifying in the case.
The magistrate, however, directed the prosecution to produce the other four witnesses by 2 pm.
He warned that the case would not be adjourned, adding that the court would keep the prosecution on its toes.
"Will continue with see-saw moves until the prosecution avails the witnesses in court," Magistrate Nyutu said as she adjourned the case to 2 pm.