Former CS Henry Rotich not off the hook in Arror, Kimwarer dams graft case – DPP Haji
Deputy Director of Public Prosecutions Emily Kamau has stated that the Office of the Director of Public Prosecutions (ODPP) has not dropped graft charges against former Cabinet Secretary Henry Rotich.
The statement from the ODPP comes after various publications and media stations reported that Rotich's charges of misappropriation of public funds in the construction of Aror and Kimwarer dams were dropped.
"Contrary to reports appearing in the Business Daily on Friday, 16 July, 2021, no charges have been dropped against the former Cabinet Secretary Henry Rotich, accused of misappropriation of public funds relating to the construction of the Arror and Kimwarer Multipurpose Development Dam Projects," the statement issued on Saturday, July 17 read in part.
According to the ODPP, Rotich and four other persons are jointly charged with various offences ranging from conspiracy to defraud and abuse of office.
"The five are charged with failure to comply with various sections of the law while executing contracts that bound the Government of Kenya to pay approximately Ksh63 Billion for the construction of the two dams," the ODPP said.
The statement from Haji's officer further stated that Rotich refused to take plea when the case against him was mentioned.
"When the matter came up for plea on the amended charges n 26 May, 2021, the former CS objected to the taking of plea on two counts on the basis that they did not specify what particulars the former CS was to respond to under the Anti-Corruption and Economics Crimes Act (ACEA) and the Public Finance Management Act (PFM),"
The ODPP further clarified that the Thursday, July 15 ruling by Magistrate Douglas Ogoti was to allow the prosecution to amend the charges within 7 days.
“The two charges complained of lack of specificity as to the actual facts demonstrating what was offended under the ACECA (Ant-Corruption and Economic Crimes Act) and under Public Finance Management (PFMA) Act and the same are rejected,” Ogoti ruled.