Director of Public Prosecutions Noordin Haji has ordered the arrest and arraignment of Treasury CS Henry Rotich, Treasury PS Kamau Thugge, East African Community PS Dr. Susan Koech, former Kerio Valley Development Authority (KVDA) MD David Kimosop, National Environment Authority (NEMA) CEO Geoffrey Mwangi Wahungu among others over the Arror and Kimwarer dams scandal.
Speaking to the press on Monday, DPP Noordin Haji poked holes into the whole process of procurement and payments in the project. He said upon investigations by the DCI it was established the conception, procurement and payment process were riddled with massive illegalities. “Many procurement procedures as stipulated by the law for such projects were ignored and the law was circumvented to ensure that CMC di Ravenna got the contract,” said Haji. He said the Company was awarded the contract to set up the dams yet they knew it was struggling and was facing liquidation. He pointed out the KVDA management failed to comply with the principle of value for money which demands there be value for money.
The DPP revealed that while the original cost for the construction of the two dams was set at approximately Kshs 46 billion, the Treasury negotiated a commercial facility increasing the amount to approximately Kshs 63 billion, “Which is Kshs 17 billion more than necessary or required, payable on a timely basis without regard to performance or works.” He added that CMC di Ravenna submitted drafts this year in February, four years behind schedule.
The suspects are set to face charges ranging from conspiracy to defraud, failure to comply with applicable procedures and guidelines of procurement, engaging in a project without prior planning, abuse of office, committing an offence of financial misconduct, fraudulent acquisition of public property, knowingly giving a misleading document, willful neglect to perform official duty.
He said he is cognizant of the principle of innocent until proven guilty, and determination which can only be made by the court, “The decision to charge is based upon the evidence available to the DPP at the time the decision is made (today),” he said.