A case file in former CS Henry Rotich’s Kimawrer and Arror dams prosecution has gone missing.
The file contained documents challenging Rotich’s prosecution.
The case was listed for mention on Monday before Judge Anthony Mrima but failed to proceed because the file could not be found.
After adjourning the case, Justice Mrima said the Deputy Registrar will issue directions to the parties once the file is found.
Director of Public Prosecutions Noordin Haji is seeking to have Rotich’s matter sent to the Chief Justice to constitute a bench of uneven judges to hear the matter.
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Rotich has been accusing Haji of applying selective prosecution in the Kimwarer and Arror dam saga.
In his petition, Rotich claimed that the DPP charged him and left out key players in the deal, including former Attorney General Githu Muigai and former Solicitor General Njee Muturi.
He also demanded the prosecution of former Environment and Regional Development CS Judi Wakhungu and experts from the ministry, saying they provided necessary opinions before writing to the Treasury to seek funding for the two dams.