Director of Public Prosecutions Noordin Haji has clarified on reports alleging that the High Court had suspended the Ksh 63B dam scandal involving former National Treasury Cabinet Secretary Henry Rotich.
On February 24, media outlets from around the country reported that High Court trial Magistrate Douglas Ogoti had temporarily suspended the prosecution of the former CS, former Principal Secretary Kamau Thugge, and 26 others on grounds that Justice Mumbi Ngugi had earlier granted a reprieve to one of the accused, Richard Malebe.
The office of the DPP, however, refuted the reports, stating that the court had suspended Malebe from taking a plea, not the widely reported suspension of the whole case.
"This is to clarify that the multi-billion Arror and Kimwarer Dams case against former CS Henry Rotich, PS Kamau Thugge and others has not been suspended as has been widely reported," the statement by the DPP read.
"What the High Court suspended is plea taking by one of accused Richard Malebe, an advocate, until an application he has filed challenging his plea taking is heard and determined on March 2. Dams case mention will be on March 26 to allow for the conclusion of H/C matter," he added.
Malebe, registered in the case as accused number 27, had argued that his rights were violated when he was arrested and charged alongside Rotich and 26 others.
"Count 1 is a conspiracy charge involving all accused persons, in staying prosecution against accused 27 effectively means even if the court was to proceed, then count 1 would also be suspended," Trial magistrate Ogoti ruled. This formed the point of interpretation with media houses reporting that the case as a whole had been suspended.
The mention will be on March 26, with the accused excused from appearing before the court but will be required to attend on the date that will be issued.
Former CS Rotich and all accused were charged with conspiracy to defraud the public, willful failure to accord with the proper procedures and guidelines in relation to procurement in addition to engaging in premature planning of National projects.
They were also charged with committing an offence of financial misconduct, fraudulent acquisition of public property, and wilful neglect to perform an official duty.
They had been released on Ksh 50 million bond with surety of similar amount or Ksh 15 million cash bail.
