The Director of Public Prosecutions (DPP), Noordin Haji, now seeks to amend the Ksh63 billion corruption charges against former Treasury Cabinet Secretary, Henry Rotich, and others over the Kimwarer and Arror Dams case.
The DPP through special prosecutor, Taib Ali Taib, and Deputy Director of ODPP, Alexander Muteti, wants to amend the case by combining Rotich's case with that of former Kerio Valley Development Authority (KVDA) Managing Director, David Kimosop, following a review of the two graft cases.
The amendments seek to drop the number of accused people from 18 to 9 and reduce the counts from 40 to 30 in the two matters.
Also, if the amendments are incorporated, the number of witnesses will be reduced from 104 to 52, thus expediting the determination of the two cases which have great public interest.
The DPP notes that the consolidation will save precious judicial time and other scarce resources. Currently, there are three existing court files of Rotich, Kimosop and the file on the Italian firm implicated in the multi-billion-shilling dams saga.
"The prosecution will be relying on the same witnesses, exhibits in the two graft cases thus need to have them heard together," Muteti stated.
Muteti noted that it is in the interest of justice that the two cases are heard together to avoid unnecessary delay in the conclusion of the matter given the huge amount of public funds that have been subjected to the trial.
According to Taib, the office of the DPP in May 2021, had filed new charges into three separate files this was after the 18 officials of Italian construction company, CMC di Ravenna, declined to honour court summons to answer on the graft charges.
However, former CS Rotich’s lawyer, Kioko Kilukumi, together with other lawyers informed the court that they will be opposing the application for consolidation of the two cases.
Kilukumi requested to be granted more time to file a detailed responses as to why the two matters should not be consolidated. He added that it was the fifth attempt by the DPP to amend the charges in the corruption cases over the multi-billion projects.
On the other hand, Kimosop’s lawyer, Katwa Kigen, accused the ODPP of delaying the case by introducing new charges in the case.
Muteti, however, was quick to counter the submission pointing out that there was a smear campaign against the DPP adding that the DPP was keen to have the matters completed as soon as possible.
Chief Magistrate, Lawrence Mugambi, bashed Muteti over him leaving the court before any directions were given in regard to the application he filed on October 8, 2021.
The new charge sheet filed in court the lists down the new nine accused persons in the case, them being former CS Rotich, Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu.
The nine are accused of conspiracy to defraud the government of Kenya Ksh55.6 billion by illegally initiating issuance of contracts, financing and insurance agreement for the development of Arror and Kimwarer multi-purpose dams.
They face 29 new charges of engaging in a project without prior planning, willingly failing to comply with procurement laws, abuse of office and committing an offence of financial misconduct.
The Judge ordered all parties to submit written submissions in the amendment application on or before October 25.
