Court issues warrants of arrest in Arror dam case

The site where Arror dam was to be constructed. [File, Standard]

Four witnesses in the multi-billion shilling Arror and Kimwarer dams case against former Treasury Cabinet Secretary Henry Rotich risk being arrested after failing to turn up to testify.

Anti-Corruption Court Chief Magistrate Kagure Nyutu issued warrants of arrest against Mutungu Mwai Wanjohi, Boniface Mamboleo, Samuel Kosgey and Cecilia Kaluka, and directed the prosecution to ensure they are brought to court.

"The reasons given by the prosecution for the witnesses' failure to come to court are unsatisfactory and as such, the court issues a warrant of arrest for them to be apprehended and presented to court to testify," ruled Nyutu.

The magistrate also declined to adjourn the hearing to next week, arguing that the court cannot be held hostage by numerous unverified application by the prosecution over the witnesses unavailability.

According to the magistrate, some of the witnesses are serving civil servants with known work stations. Therefore, there will be no difficulty arresting them.

The court was informed that Mamboleo is an employee at the National Environment Management Authority (Nema) while Kaluka works at the office of the Auditor General.

"This court has a duty to ensure matters are heard expeditiously and cannot entertain further delay in the matter. The prosecution and the detectives have a choice to arrest and produce in court the four witnesses," ruled Nyutu.

Rotich is charged alongside former Kerio Valley Development Authority (KVDA) Managing Director David Kimosop with conspiracy to defraud the government Sh63 billion for construction of the Arror and Kimwarer dams in Elgeyo Marakwet.

They were charged alongside former Chief Economist Kennedy Nyakundi, former Nema Managing Director Geoffrey Wahungu and KVDA officials Jackson Kinyanjui, William Kipkemboi, Paul Kipkoech, Francis Chepkonga and Titus Muriithi.

They are facing 30 counts for allegedly conspiring to defraud the government by entering into a contract for construction of Arror and Kimwarer dams without approval and proper planning.

Other charges are for willful failure to comply with procurement rules, abuse of office, engaging in projects without prior planning, failing to comply with laws on managing public funds and financial misconduct.

The case has been experiencing challenges since the accused were charged in 2019, with only three witnesses testifying in the last four years.

The hearing continues today.