The Anti-corruption court has declined to terminate a case against KRA board chair Antony Mwaura and wife Rose Njeri, in the Sh357 million City Hall scam.
The couple has been charged alongside former Nairobi Governor Mike Sonko, Peter Mbugua Kariuki, Patrick Mwangangi, Ndaka, Andrew Nyasiego and Lawrence Mwangi Mukuru.
Others are Hardi Enterprises Limited, Toddy Civil Engineering Limited, Arbab Auto Limited, ROG Security Ltd, High Energy Petroleum Ltd, and Antony Otieno Ombok alias Jamal.
Magistrate Eunice Nyutu expressed frustration over the Office of the Director of Public Prosecutions (ODPP) incessant adjournments via text and email.
Nyutu gave the prosecution one more chance to produce witnesses against the accused persons.
She singled out two prosecutors for “tactfully absconding the case and employing a certain pattern of adjourning the case through text messages and sending emails to the court and the EACC lawyer”.
The magistrate noted that dragging out the case has delayed justice for involved parties.
Sonko’s lawyer Assa Nyakundi asked that the four-year-old case be terminated.
“At this pace this case will last in court for over ten years before it is concluded,” said Nyakundi.
The court heard that the EACC had produced witnesses but the prosecution had failed to proceed.
However, the ODPP is looking to withdraw charges against Mwaura and his wife, both directors of Hardi Enterprises Ltd.
The court will rule on the application on Thursday.