A case file in former CS Henry Rotich’s prosecution has gone missing.
The file contained documents challenging Rotich’s prosecution. Following the incident, Justice Anthony Mrima was forced to adjourn the mention of the case on Monday.
Director of Public Prosecutions Noordin Haji has been seeking to have the case heard by an uneven bench constituted by the Chief Justice.
Justice Mrima said directions will be issued to the parties in the case by the Deputy Registrar once the file was found.
“It is for this reason that we implore the court to certify the matter for impanelment as it is in the best interest of the public that these questions are conclusively determined to enable the efficient and expeditious prosecution of criminal cases,” said DPP.
Rotich had accused the DPP of partial prosecution by leaving out key players in the deal, including former Attorney General Githu Muigai and former Solicitor General Njee Muturi.
According to Rotich, the DPP should have also prosecuted Environment and Regional Development CS Judi Wakhungu and experts from the ministry, who wrote opinions regarding the projects.