Peter Munya Shows Up In Court
Munya would however leave the courtroom without uttering a word after the prosecution failed to question him about the scandal having been its whistle-blower.
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Former Agriculture Cabinet Secretary (CS) Peter Munya was on Thursday, August 31 released without uttering a word after he presented himself at the Nairobi Anti-Corruption Court to testify in the Ksh63 billion Arror and Kimwarer corruption scandal.
The former Cabinet minister was earlier compelled by Trial Magistrate Eunice Nyutu to appear in court by 11.15 a.m. after the Director of Criminal Investigations (DCI) failed to produce him in court under a warrant of arrest.
Munya would however leave the courtroom without uttering a word after the prosecution failed to question him about the scandal having been its whistle-blower.
"I have no question for the former Agriculture CS Munya in respect to this matter," state prosecutor Oliver Muriethi told Magistrate Nyutu.
Former Agriculture CS, Peter Munya, during a past press briefing. /FILE
The Magistrate had ordered the prosecutor to lead Munya to testify against Rotich and seven others in the multi-billion dams scandal.
The prosecutor had earlier sought to have the matter adjourned to allow the new Director of Public Prosecutions (DPP) Renson Ingonga assume office after being vetted and officially sworn in before President William Ruto.
The application to stand over the case was met with stiff opposition from the magistrate who directed the case to proceed because the police had taken a statement from Munya and the case was listed for hearing on August 31.
"The trial dates in this matter were taken in November last year and the DPP had all the time to prepare his witnesses in readiness for the hearing, " Nyutu interjected.
She added that she would not tolerate the conduct of the DPP who is interfering with the court process by seeking unnecessary adjournment in the case.
"The accused persons herein want to know their fate having been sitting in court since they were first charged in 2019.
"This is not a matter of getting directions from the DPP who is required under Articles 50 and 157 to prosecute cases expeditiously. The rights of accused persons can not be compromised, " Nyutu stated furiously, putting the DPP in a tight spot.
The Magistrate nonetheless discharged the former Meru Governor and ordered the prosecution to avail further lined witnesses including the Attorney General, a witness from the Auditor General on September 11, 2023, with Munya later being dropped as a witness.
The court had initially given Munya 90 minutes to present himself in court to testify but he did not do so. Shortly after 11.00 a.m., Munya appeared in court dressed in a sky blue suit.
At exactly 11:15 am, the court session resumed whereby Munya apologized to the magistrate for failing to appear earlier saying that he had not received a summon to attend court.
"I had not received a summons to testify in this case. I have always been willing to come to court but l have never failed to turn up in court to give evidence in this matter. I failed to appear in court today since I received information that there were new developments over the review of the case, " Munya told Nyutu.
While appearing before the anti-corruption court, the investigation officer Douglas Chege revealed that DCI officers were unable to execute the arrest on Munya as he was nowhere to be found.
Munya's lawyer however defended the former Cabinet Secretary, noting that he was not in hiding as had been portrayed by the State.
The Magistrate rejected an attempt by Munya's lawyer to hear his application explaining the reasons why the former CS did not appear in court on August 29, 2023, to testify leading to the arrest order being issued.
Munya was to testify in the case where Rotich and his co-accused persons namely Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu are charged with abuse of office over the construction of Arror and Kimwaer dams.
