The Attorney General Amos Wako has accused the agriculture minister William Ruto and former president Moi's aide Joshua Kulei for trying to dictate to him whom to charge in court and with which charges.

In the magistrate court, State counsel Vincent Wohoro told justices Jean Cacece, Leonard Njagi and Roslyn Wendo that the constitution gives the AG power to charge any person in reasonable suspicion and that one cannot argue that he or she is being discriminated because other people have not been charged. 

The AG accused Ruto, Kulei and Mwaita of trying to pre-empt the prosecution case at the lower court. 

Wohoro told the court that the prosecution had lined up over 36 witnesses in the case against the trio.

Wako said Ruto, Mwaita and Kulei had not backed their allegations on how the attorney general is motivated by ulterior motives in preferring criminal charges against them.

Ruto is accused together with former president Moi personal aide Joshua Kulei, Baringo Central MP Sammy Mwaita, Sovereign Group Limited, Berke Commercial Agencies, Priority Limited, Celtic Multy stems and Somog and Limited.

Elsewhere, Nairobi Police boss Anthony Kibuchi Tuesday appeared before Justice George Dulu and gave an undertaking that nine officers summoned to court in connection with suspected Mugiki leader Kimani Ruo will appear in court on the 1st of December this year.

Kibuchi told the court that his officers were unaware of the summons that had been twice issued by the court.

The family of Ruo wants the police to produce Ruo of his body claiming that they were the last persons to be seen with him before he disappeared moments after he was acquitted on charges of possession of a fire arm and twenty rolls of Cannabis in June 2006.

The police were summoned after they were identified in a picture surrounding Ruo.

Ruo was acquitted but his co-accused Maina Njenga was jailed for five years by senior Principal Magistrate Rosmell Motokaa but cleared of the accusation by Justice Jackton Ojwang at the High Court in May this year.

Meanwhile, the fraud case facing former tourism PS Rebecca Nabutola and former Kenya tourism Board Managing director Ongoga Achieng was Tuesday adjourned after a key witness failed to turn up in court for the hearing of the case. 

Trial magistrate Cecelia Githua heard that Tabitha Tobiriani was busy writing her and could not be reached on phone.  

Rebecca, Ong'ong'a were in May this year charged conspiring to defraud the KTB of more than Sh9 million and abuse of office.

Ms Nabutola faced five counts of conspiracy, abuse of office and failing to comply with procurement law.

The civil service code of conduct stipulates that public officers facing criminal charges should be suspended from their jobs until cleared of the offences.

 The charges stated that Ms Nabutola, Dr Achieng', Dancan  Kaguuru and Maniago Safaris Ltd, a tourism  firm owned by the Kaguuru, conspired to defraud the KTB of Sh8,925,444 meant for tourism promotion activities for the financial year 2007/2008.

They allegedly committed the offence between June 18 and September 24, 2007 in Nairobi.

The case against them will now be heard on the 7th of December 2009