Former Treasury CS Henry Rotich and eight of his co-accused in the Arror and Kimwarer dam scandal could be acquitted of all charges.
The case could be thrown out if prosecution fails to question witnesses that had lined up in the Ksh 63 billion graft case that has failed to proceed beyond this stage for the fifth time.
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Same was the case on Monday 25th September when witnesses drawn from Kerio Valley Development Authority (KVDA) had been put on the stand but prosecution had no questions to ask them.
On Tuesday 26th September, two more witnesses were arraigned but prosecution once again had no questions.
A total of 26 witness have so far been put to stand by prosecution team to testify against the accused but 15 of them have not been quizzed as required. Among those who failed to testify include former Agriculture CS Peter Munya.