Director of Public Prosecutions, Noordin Haji, has revealed that the contractor in the Kimwarer and Arror dams project was a ghost company since it had not been registered when it won the tender.
According to the DPP, the contractor who was awarded the tender to execute the project, changed the name of the company three times.
In a reply to former Cabinet Secretary Henry Rotich, Haji further said that the foreign contractor’s firm was not mentioned in the tendering documents.
DPP further indicated that there was no documentation of the tendering process as well as information or data about the firm.
“The impunity with which the tender proceedings were dealt with and breaches of the law led to the ridiculous result,’’ said Haji.
Haji further argued that it was unnecessary to pay the contactors since they did not have the designs of the project drawn.
“The loans, the drawdowns, and the payment of funds were very premature, unnecessary, and illegal,” said Haji.
Noordin Haji further slammed Rotich for taking a commercial loan without Parliament’s approval, and going ahead to ignore offers from India and Iran who had expressed interest to finance the project.
DPP Haji further faulted the Treasury for exempting the National Land Commission and Kenya Forest Service in the project.
Embattled former Treasury CS Henry Rotich had indicated in court documents that the loan to fund the two projects had received approval from the cabinet which is chaired by the President.
The office of the DPP indicated that Rotich had no evidence, and did not involve the right authorities to ensure that the foreign firm was capable of handling the project.
In his court filings, Henry Rotich faulted the Environment Ministry headed by Judy Wakhunghu, which was in charge of the procurement process.
According to DPP, Rotich has a case to answer for his actions or inactions.
