Subsequently, Henry Rotich had requested to have the litigation withdrawn from the case citing that the DPP exerted his preference without concern to the requirements of the constitution.
On the other hand, Milimani Anti-Corruption and Economic Crimes Division court judge Esther Maina judged in rage of the DPP setting stage for the case to continue. Judge Esther Maina said that Rotich erred to assure the court to authorize halting the DPP’s case.
“I have carefully considered his petition seeking to stop the trial but I find no justifiable reasons to terminate the case. In the end, I find no merit in the application and dismiss it in its entirety,” Maina said.
However, the Director of Public Prosecution Noordin Haji praised the court’s ruling saying: “Justice Maina’s decision in this matter today reinforces the DPP’s discretion and independence in deciding to charge, as guaranteed under Article 157 of the Constitution of Kenya, 2010.”
Nonetheless, the former CS with four others are charged with numerous charges on corruption.