A week after Naivasha Principal Magistrate Joseph Karanja recused himself from handling the Solai dam case, the prosecution wants the case transferred to Nairobi.
According to the office of the DPP, the move by the magistrate was a clear indication the trial would not be free and fair.
According State counsel Alexander Muteti, the High Court had ordered that the matter proceed under Karanja, who had since stepped aside.
Muteti told Naivasha Chief Magistrate Kennedy Bidali, who is currently handling the case that the move by the magistrate had proven that the trial would not be fair and impartial if held at Naivasha Law Courts.
He told the court most of the witnesses were currently in Nairobi and this would expedite the trail.
But lawyer Gordon Ogolla for the accused said that the High Court had dispensed the petition to transfer the case to another court and the lower court could not deal with it.
In the case, nine suspects are charged with 48 counts of manslaughter and failing to prepare an Environmental Impact Assessment report.
The case will be mentioned on November 22.
and the director of water in Nakuru county Johnson Njuguna to travel out of the country.
The magistrate directed that the two who travel on diverse dates between November and December be handed over their passports immediately to prepare for their trips.
He further gave the prosecution until the 22nd of November to hand over all the witness statements and other documentary evidence.
In the case, nine suspects are charged with 48 counts of manslaughter and failing to prepare an environmental impact assessment report.
The other seven suspects are Vinoj Jaya Kumar, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.