The file contained documents contesting Rotich's lawsuit. Following the incident, Judge Anthony Mrima was forced to adjourn the case on Monday.
Director of Public Prosecutions Noordin Haji requested that the case be heard by an uneven bench constituted by the Chief Justice.
Judge Mrima said instructions would be given to the parties in the case by the Deputy Registrar once the file is found.
"It is for this reason that we implore the court to certify the case for arraignment as it is in the best interest of the public that these issues be conclusively resolved to allow efficient and expeditious prosecution of criminal cases," said the DPP.
Rotich had accused the DPP of partial prosecution by leaving out key players in the deal, including former attorney general Githu Muigai and former solicitor general Njee Muturi.
According to Rotich, the DPP should also have sued the environment and regional development CS Judi Wakhungu and experts from the ministry, who wrote opinions on the projects.
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