Dams' prosecution looms for CSs, PS as team completes probe

Director of Public Prosecutions Noordin Haji speaking during the Kenya Editors Guild press club luncheon on media and corruption. [Wilberforce Okwiri/Standard]

Three Cabinet secretaries could face prosecution over the multi-billion-shilling dams scandal.

Sources said the three are among individuals the Office of the Director of Public Prosecutions has recommended be prosecuted over the stalled Sh65 billion Arror and Kimwarer dams in Elgeyo Marakwet.

Officials revealed at least two principal secretaries are also lined up for prosecution for their role in the scam.

“It is a matter of time before the prosecution starts. Teams have even done mocks on the issue and they are satisfied to move on with the case,” said an official aware of the case.

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The files had been moving to and from the DPP’s office until last week when he finally reportedly agreed with the recommendations of the detectives to charge at least 10 individuals.

Yesterday, DPP Noordin Haji and Director of Criminal Investigations George Kinoti did not respond to our queries regarding progress on investigations. Neither did they respond to a specific inquiry on whether the files were ready for prosecution and whether it was true that three CSs were among those targeted.

But a source said three CSs could be tried and that the next action would be before or after the Budget reading. 

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The issue had divided Jubilee leaders with some claiming they were being targeted politically for prosecution.

Officials said the probe took long because the issues involved are complex and require delving into a web of convoluted financial transactions spanning a considerable period spread across several borders and continents.

The DPP had received a preliminary file on the case and returned it and asked the police to also investigate the tendering process, as well as the discrepancies in the identities of the parties that bid for the projects and those who won the tenders.

Political turn

Investigators were also directed to inquire into why the designs for the dams were being done “post-fact”, meaning after payments and contracts had been made.

They were told to check the involvement of Government officials in the entire process, which explains why reactions to the investigations have taken a political turn.

At least five Cabinet secretaries – Henry Rotich, Mwangi Kiunjuri, Eugene Wamalwa, Adan Mohamed and Peter Munya – were questioned over the scandal.

Their principal secretaries, top Treasury officials, those from Kerio Valley Development Authority, Kenya Forest Service and several government agencies have also recorded statements over the scandal.

Treasury had paid Sh21 billion but no works have started at the site.

Deputy President William Ruto went on the warpath dismissing claims that Sh21 billion had been paid to the contractor.

The project was to be a joint venture by KVDA, CMC di Ravenna and Itinera of Italy.

Arror dam was to cost Sh38.5 billion and Kimwarer dam Sh28 billion.

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Cabinet secretariesArror and Kimwarer damsDPPDCIHenry RotichMwangi KiunjuriEugene Wamalwa