Court File in Arror, Kimwarer Case Disappears Mysteriously

The Milimani Law Courts in Nairobi as pictured on November 18, 2019
The Milimani Law Courts in Nairobi as pictured on November 18, 2019
Simon Kiragu
Kenyans.co.ke

A court file in the Ksh21 billion Arror and Kimwarer dams scandal was reported missing on Monday, September 20, 2021.

The case was stalled on Monday after it emerged that the file with documents challenging the prosecution of Italian firm CMC Di Ravenna boss could not be tracked.

Judge Anthony Mrima requested the parties involved to give the court more time to find the file which was crucial for the ongoing trial.

The Director of Public Prosecutions and Ethics and Anti-Corruption Commission learnt that the file could not be traced at the registry.

Director of Public Prosecution Noordin Haji (R) and Directorate of Criminal Investigations (DCI) boss George Kinoti after a Committee meeting with the Multi-Agency team on Corruption at Parliament.
Director of Public Prosecution Noordin Haji (R) and Directorate of Criminal Investigations (DCI) boss George Kinoti after a Committee meeting with the Multi-Agency team on Corruption at Parliament on January 25, 2019
The Standard

Justice Mrima announced a break as efforts were underway to recover it but the file was not traced at the registry during the break.

The judge informed the parties involved to appear before the High court Deputy Registrar once the file is located.

He further stated that once the file is found they will be given further directions on how the case will be heard.

The Italian companies that were dragged into the Ksh63 billion Arror and Kimwarer dams scandals have sued Kenya in the International Court of Arbitration. 

CMC Di Ravenna Cooperativa and CMC Di Ravanna- Itinera and Itinera S.P.A cited the row between President Uhuru Kenyatta and his deputy William Ruto as the major cause of the alleged illegal cancellation of their tenders and the project too. 

In the affidavits filed before the court, the three firms quoted the Kenyan media as their source for the wrangle between Uhuru and Ruto, adding that the President cancelled the tenders to block Ruto from running for the presidency in 2022. 

"It seems hardly coincidental that the highest-ranking official to be investigated and charged in the criminal proceedings is Kenya’s (former) Treasury Cabinet Secretary, Mr Henry Rotich, an ally of Mr Ruto.

They further defended themselves from any criminal charges alleging that Kerio Valley Development Authority (KVDA) admitted that the project was tampered with politically. 

 

The area where Arror Dam is to be constructed in Elgeyo Marakwet County.
The area where Arror Dam was to be constructed in Elgeyo Marakwet County.
Photo
KNA
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