Former Finance cabinet secretary Henry Rotich’s file containing documents regarding his prosecution has gone missing and cannot be traced by the courts. On Monday, Justice Anthony Mrima was forced to adjourn the case and asked the Deputy Registrar to issue direction to the parties involved once the file is found.
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 building the Arror and Kimwarer dams to Sh63 billion, up from Sh46 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).
Speaking earlier in the month, Jubilee Secretary General Raphael Tuju asked Deputy President William Ruto to help hustlers to recover seven billion shillings lost in Arror and Kimwarer dams scandal. According to Tuju, Ruto suggested that the cash lost in the dams deal was not much.
”In the small matter of the Arror and Kimwarer saga, the DP told Kenyans that only seven billion had disappeared. It is a lot of money even though he referred to the figure of seven billion as ‘only’. Since he has some private businesses networks in Italy that he had gone to meet, would he be so kind to this nation of poor people to use his vast business networks to recover this money?” Tuju asked on September 6th.
In afresh application before Justice James Wakiaga, DPP Haji seeks to have the bench determine the number of issues, including whether Cabinet secretaries are immune to criminal prosecution in respect of any acts and omissions punishable by law occasioned in the course of duty.