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Judge Douglas Ogoti of Monay rejected DPP Noordin Haji's request for the court to issue a warrant for the arrest of the Italian Paolo Porcelli for failing to appear in court for the second time.
He added that the DPP office could respond to a request after the other defendants in the Arror and Kimwarer dam scandal pleaded.
Porcelli is the CEO of CMC di Ravenna, who has been unfavorably mentioned in the Arror and Kimwarer dam scandal.
Special Prosecutor Taib Ali Taib said that Porcelli should be declared a fugitive.
Porcelli's lawyer, Kevin Anami, submitted a request to the court explaining why he was not appearing.
He wanted the court to hear his client's request.
The prosecution opposed the request of a lawyer to plead on behalf of the two Italian companies (CMC di Ravenna, Kenya and Italy) involved in the scandal.
Taib wants a resolution presented to the court showing that companies have ordered him to plead on their behalf.
The lawyer, however, refused to take up advocacy on behalf of Paolo, saying that he could only accept pleas for companies and not for the person.
Taib requested that the court's minutes show that Paolo had refused to appear in court and feared that the lawyer had not been sent by the Italians.
Meanwhile, David Kimosop and seven other defendants were charged with conspiracy to defraud.
They have also been accused of abuse of power and non-compliance with procurement procedures.
Nelson Korir, a member of the tender committee, was accompanied by a doctor because of his state of health.
His attorney, Katwa Kigen, asked the court to exempt him from being taken to the cells during the processing of his bail.
Judge Douglas Ogoti allowed the application and ordered that he remain in court while his co-accused are being taken to the cell.
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