Former CS Rotich wants dams scandal case suspended
Former Treasury Cabinet Secretary Henry Rotich wants his trial in the Sh63 billion Kimwarer and Arror dams scandal suspended for a while as he awaits petition before the High Court challenging his prosecution.
He argued that his trial will be disadvantageous in case the petition is successful.
“The lower court matter should be stood over for one month, pending the determination of the judicial review case. The outcome of the judicial review will affect the trial,” she said.
His trial is slated to begin on October 18.
Additionally, he has questioned why the Director of Public Prosecutor left out key players in the deal of the multibillion-shilling Kimwarer and Arror dams scandal.
According to Rotich, the key players include, former Attorney General Githu Muigai, solicitor general Njee Muturi and former Environment CS Judi Wakhungu.
Appearing before Justice Esther Maina, through his lawyer Jemimah Aluda, Rotich said it is absurd that the respondents chose to charge him while the Attorney General is not charged in this respect.
“This is an indication of selective prosecution that cannot stand the test of objectivity and fair administrative action,” he said in an affidavit.
On December 2,2020, Rotich said it was unfair and irrational to take him to court yet the projects were entered by the Kerio Valley Development Authority (KVDA) with the approval of the parent ministry.
The KVDA was then under Wakhungu, who was the Environment and Natural Resources and Regional Development Authorities minister.
Rotich said he received a letter from Wakhungu in March 14, 2016, containing the projects summary reports.
The reports included the proposed financing of the two dams in Elgeyo Marakwet County, which was identified during the procurement process.
He said Wakhungu then requested the Treasury to borrow funds on behalf of KVDA.
He has also argued that he was not responsible for contracting the tenders and that he was not the Treasury accountant, but was only fulfilling his duty, at the end of the process, as required by law.
Early this year, DPP Noordin Haji withdrew charges against former Treasury Principal Secretary Kamau Thugge, who were to become State witness against Rotich, other State officials and directors of an Italian company implicated in the scam.
Haji also withdrew charges against former Tourism and Wildlife PS Dr Susan Koech.
They were facing multiple counts in connection to the procurement process for the construction of the two dams in Elgeyo Marakwet County.
They had been accused of conspiracy to commit an economic crime, improperly conferring a benefit, abuse of office, committing an offence of financial misconduct, engaging in a project without prior planning and failing to comply with rules and regulations relating to management of public finances.
