The court handling the case against former sport CS Hassan Wario and five other official has been urged to withdraw the case.
The defense, led by lawyer Cecil Miller told trial Magistrate Douglas Ogoti the state has failed to supply them with documents to be relied on in the matter.
The charges against the accused persons should be withdrawn since the prosecution is not ready to proceed with the matter.
Miller told the court that the DPP should withdraw the case and charge the accused when they put their house in order.
The officials found themselves in court over Sh 55 million Rio Olympic scandal.
Disciplinary action against IO
The court ordered DCI boss George Kinoti to take disciplinary action against the Investigating Officer for failing to comply with court orders directing him to supply the defense with the documents.
“The DCI should take disciplinary Acton against Chief Inspector Joseph Kibet for not complying with court orders as earlier directed,” ruled Ogoti.
The court further heard that the initial investigating officer CI Michael Muia who had been summoned to explain why the orders had not been complied with was on leave and left the file with Kibet.
The court noted that there was a game being played.
According to the state, failure to supply the documents was because there was no proper communication to Muia who was on leave.
The documents yet to be supplied to the defence is what the prosecution intends to use in the pre- trial conference.
The pre-trial has now failed to proceed for the third time over the same issue.
Miller objected the request by the state to be granted 21 days to comply on grounds that the accused persons’ lives and careers have stopped due to their prosecution .
Instead, the defense urged the court to grant them the last adjournment in 7 days.
Warion is charged alongside officials Harun Komen Chebet Patrick Kimithi Nkabu, Richard Ekai, Stephen Kiptanui Soi and Francis Kanyiri Paul.
They denied charges of abuse of office, misappropriation of funds among others and are out on bail.
In December last year, the state withdrew charges against Athletics legend Kipchoge Keino and made a prosecution witness in the case.