Treasury CS Henry Rotich was, on Monday, detained by DCI officials following the Director of Public Prosecutions(DPP) Noordin Haji's directive.
The CS, alongside his Principal Secretary Kamau Thugge, as well as the Chief Executive Officer of NEMA, Geoffrey Wahungu, presented themselves before the DCI after their arrest was ordered.
According to a statement by DCI boss George Kinoti, who spoke to Capital FM stated that, “They are in custody now awaiting to be taken to court, we are looking for more others and they will all go to court.”
The three presented themselves moments after the DPP declared that they were wanted persons over the Arror and Kimwarer dams scandal.
They are expected to be grilled further on the payment of Ksh20 billion to an Italian firm, CMC di Ravenna, for the construction of the two dams.
David Kimosop, the former Kerio Valley Development Authority (KVDA) Managing Director, EAC PS Susan Koech and Treasury Chief Economist, Kennedy Nyachiro, are also on the list of more than 20 others to be apprehended.
Investigations established that government officials flouted all procurement rules and will be arraigned in court for the following 8 charges.
1. Conspiracy to defraud contrary to section 317 of the Penal Code, Cap 63 Laws of Kenya.
2. Willful failure to comply with applicable procedures and guidelines relating to procurement contrary to section 45 (2) (b) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003;
3. Engaging in a project without prior planning contrary to section 45 (2) (c) as read with section 48 of Anti- Corruption and Economic Crimes Act No. 3 of 2003;
4. Abuse of Office contrary to section 46 as read with section 48 of Anti-Corruption and Economic Crimes Act No. 3 of 2003.
5. Committing an offence of financial misconduct contrary to section 197 (1) (o) (i) of the public finance management act no. 18 of 2012.
6. Fraudulent Acquisition of Public Property contrary to section 45 (1) (a) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003.
7. Knowingly giving a Misleading Document to Principal contrary to section 41 (2) as read with section 48 of Anti-Corruption and Economic Crimes Act no. 3 of 2003 of the Laws of Kenya.
8. Wilful Neglect to Perform Official Duty contrary to section 128 as read with section 36 of the Penal Code.
"On September 18, 2018, DCI received complaints on operations at 2 dam projects –Arror and Kimwarer. Investigations revealed that the conception, procurement and payment processes were riddled with massive illegalities.
"Public corruption is a blatant abuse of power. Our message to every law-abiding Kenyan is that we are going to stand by you," Haji spoke.
