Cabinet Secretary of finance Henry Rotich, Permanent Secretary Kamau Thugge and 26 others may be arraigned in court on Tuesday over Kimwarer and Arror dam scandal
Following their arrest on Monday, the Director of Public Prosecution Noordin Haji has given clear indication that the suspects may appear in court over the matter.
However Elegeyo Marakwer Senator Kipchumba Murkomen poked holes into the arrest.
He has faulted the office of DCI following the arrests citing shoddy investigations work.
The senator termed the arrest as stage-manage adding that the CS is only a victim of circumstances after an order for his arrest was issued.
“I have looked at the charge sheets and I can tell you the entire thing is a charade,” he noted
In a press statement Haji indicated that out of Sh 63 billion paid out for the controversial Arror and Kimwarer dams,Sh 17 Billion was more than necessary or required payable.
“Upon investigations, we have established that the conception, procurement and payment process for the Arror and Kimwarer Dam Projects in Elgeyo Marakwet County were riddled with massive illegalities” , said Noordin Haji.
“KVDA management failed to comply with the principle of value for money which demands that there be competition amongst suppliers, efficiency and effectiveness in the procurement process, fairness and non-discrimination, integrity, transparency, and accountability”, said Haji.
Kerio Valley Development Authority (KVDA) chose Public Procurement and Disposal Act (PPDA), 2005 for the concession agreements despite the fact that the law in 2013 prescribed Public Private Partnerships (PPP).
The contract was awarded to CMC De Ravenna of Italy, which had also been awarded three other mega dam projects that were incomplete.
The alleged commercial contract signed between KVDA and CMC Di Ravenna/Itinera JV clearly states that Kimwarer Dam would cost approx. Sh 20Billion while Arror Dam would cost approx. Sh 25Billion totaling to approx. Sh 46Billion.
The contract signed between the KVDA and CMC Di Ravenna was to see the Italian firm dig into its own pockets to complete the projects, set up a power plant, transmission lines and other related infrastructure and recover its money by selling power to the government for an unspecified number of years before handing back the dams to the government.
The National Treasury is culpable of entering into a facility contract in Euros while the commercial contracts were in USD therefore occasioning further loss to the Kenyan Government through exchange rates.
The 28 will be charged with the following offences;
Conspiracy to Defraud contrary to section 317 of the Penal Code, Cap 63 Laws of Kenya.
Wilful 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;
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;
Abuse of Office contrary to section 46 as read with section 48 of Anti-Corruption and Economic Crimes Act No. 3 of 2003.
Committing an offence of financial misconduct contrary to section 197 (1) (o) (i) of the public finance management act no. 18 of 2012.
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.
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 and
Wilful Neglect to Perform Official Duty contrary to section 128 as read with section 36 of the Penal Code.
Three officials, David Juma Onyango and Francis Chepkonga Kipkech from the Tender Committee, as well as Charity Mui (Ad hoc Technical and Financial Evaluation Committee Team 2) from the Kerio Valley Development Authority (KVDA) have been arrested and are presently being detained at Central Police Station in Eldoret.
This is after Directorate of Criminal Investigations (DCI) had earlier raided the KVDA offices in search of former Managing Director David Kipchumba Kimosop whose whereabouts remain unknown.
Murkomen who spoke as a lawyer representing some of the suspects said the mattar has been politicised and may be intended to deny his county the vital dams