Arror and Kimwarer dams scandal in details

Treasury CS Henry Rotich and his PS Kamau Thugge at Milimani Law Courts. (George Njunge, Standard)

Treasury CS Henry Rotich and his PS Kamau Thugge are among 26 government officials charged in the multibillion-shilling Kimwarer and Arror dams’ scandal.

They are facing 24 charges among them abuse of office and conspiracy to defraud.

According to the charge sheet, as seen by Standard Digital, these are the key charges.

Abuse of office

Treasury CS Henry Rotich and his PS Kamau Thugge were charged with abuse of office.

Rotich was charged with two counts of abuse of office. Part of the charge sheet read, “That on April 18, 2017, being the Cabinet Secretary National Treasury and Planning, you used your office to improperly confer a benefit to CMC Di Ravenna- Itiniera joint venture by unlawfully executing a facility agreement for the funding of the development of Arror multi-purpose dam.”

Treasury PS Kamau Thugge on the other hand was charged with five counts of abuse of office.

One charge read, “That on May 18, 2017, used your office improperly to confer a benefit to Intensa San Paulo S.P.A, London Branch and CMC Di Ravenna-Itiniera joint venture by unlawfully approving payment of EUR 2.5 (Sh295,877,663) for the development of the Arror multi-purpose dam.”

Conspiracy to defraud

Henry Rotich, Kamau Thugge, David Kimosop, Kennedy Nyachiro, Jackson Kinyanjui, Titus Muriithi, Paulo Porcelli, CMC Di Ravenna- Itinera Jv and CMC Di Ravenna- Itinera JV Kenya Branch are accused of jointly conspiring to defraud the Government of Sh27,740,760,550 between December 17, 2014 and September 27, 2018.

According to the charge sheet, the individuals and entities entered into a commercial loan facility agreement disguising it as a government to government loan guaranteed by the Italian Government.

The charge sheet further states, “while knowing the tender document contained in the request for proposals for the development of the dams project was a concessional agreement where the intended concessionaire was to be the borrower and financier and not the Government of Kenya.”

Fraudulent acquisition of public property

Paulo Porcelli, CMC Di Ravenna- Itinera Jv and CMC Di Ravenna- Itinera JV Kenya Branch are accused of fraudulent acquisition of property  contrary to  Section 45 (1)(A).

“On diverse dates between December 7, 2014 and September 27, 2018 jointly with others not before court fraudulently acquired public property worth Sh4,161,114,083 through an account with Barclays Bank of Kenya- Waiyaki Way Branch from the National Treasury and Planning knowing or having reasons to believe that it was fraudulently acquired,” reads part of the charge sheet.

Misuse of public funds

Henry Rotich, Kamau Thugge, Kennedy Nyachiro, Jackson Kinyanjui, Susan Koech and David Kimosop have been charged with failure to comply with applicable procedures and guidelines relating to the management of public funds.

“Being the Cabinet Secretary, Principal Secretary, Chief Economist, Director Resources Mobilisation Department of National Treasury and planning, East African Community  PS and the Managing Director Kerio Valley Authority respectively being persons whose functions concerned the management of public funds failed to comply with applicable law relating to procurement.”

Other charges include; engaging in a project without planning, failure to comply with guidelines and procedures relating to procurement and financial misconduct.

The officials pleaded not guilty to the charges.

(Reporting by Betty Njeru, Mercy Asamba and Brian Ukaya)