Former treasury cabinet secretary Henry Rotich’s case file on the Arror and Kimwarer has gone missing.
The file had documentation which challenged the prosecution of the former CS. Judge Anthony Mrima on Monday 20, September could not proceed with the mention of the case because the file could not be located.
After efforts to locate the file proved futile, Judge Anthony Mrima said directions would be given on the matter by the deputy registrar when the file was traced.
Rotich through his defence had called out the DPP for what it termed as selective prosecution. He claimed the DPP left out major figures in the scandal among them former Attorney General Githu Muigai, former Solicitor General Njee Muturi and former environment CS Judi Wakhungu whom he says provided expert opinions and advice before seeking funding for the project.
Rotich and former PS Kamau Thugge together with managers of the KVDA and Italian company CMC di Ravenna are accused of colluding to inflate the cost of the construction of the Arror and Kimwarer dams from Ksh46 billion to Ksh63 billion. The former Treasury CS was charged afresh in May together with former Kerio Valley Development Authority managing director David Kimosop, Kennedy Nyakundi (chief economist, Treasury), Jackson Njau Kinyanjui (director of resource mobilization, Treasury) and Titus Muriithi (the inspector-general of State corporations).
Investigations into the scandal found that some of the materials procured for the construction of the dams were not even connected to construction. A supermarket was paid Ksh4 million for supplying pillows and bedsheets while a company was paid Ksh15 million for supplying food and wine to CMC Di Ravenna. The deputy president also found himself on the wrong end after he claimed that only seven billion shillings could not be accounted for and not as media reports indicated.
