Former Treasury Principal Secretary Kamau Thugge is set to testify against his former boss — Former Treasury Cabinet Secretary Henry Rotich with the former now lined up as a a key prosecution witness in the Arror and Kimwarer Dams Scandal case.
Appearing in court on Tuesday, Assistant Director of Public Prosecutions (DPP)Alexander Muteti said his boss Noordin Haji will be dropping the charges against Thugge in connection to the infamous multibillion case he is facing in court.
“Italy was the most hit by COVID-19 we were not able to process the matter against appearance of number 8 to 26,we have placed legal assistance with the government of Italy to help with the suspects ” said Muteti
Haji has also dropped charges against Former Wildlife Principal Secretary Susan Koech in anticipation that their testimonies will be instrumental in building a watertight case against Rotich.
Chief Magistrate Douglas Ogoti allowed the application by the prosecution and directed that Thugge and Koech’s cash bail be given back to them.
In his defense, Rotich alleged that he was made the sacrificial lamb while other senior government officials at the time just as culpable emerged from the scandal unscathed.
In an affidavit filed in court last month, Rotich questioned why the then Environment Cabinet Secretary Judy Wakhungu who he claimed set the ball rolling in the dams saga by requesting for the money to construct the two dams hasn’t been charged alongside him.
“The selective approach to the law applicable and expert advice is indicative of objectivity, unreasonableness and illegality,” Rotich stated in the affidavit.
ODPP in March 2020 told the court that Rotich and Thugge had planned to steal Ksh80 billion through the fictitious dam projects.
“The Sh80 billion that the petitioner and his co-accused intended to steal made nonsense of the Judiciary’s annual budget of Sh19.5 billion, DCI’s 7.5 billion, Parliament’s 45.5 billion and makes Goldenberg scandal look like pocket change,” Special ODPP Counsel Taib Ali Taib told the court.
He was consequently charged with multiple counts that include abuse of office, conspiracy to defraud the public, failure to comply with guidelines relating to procurement, and committing an offence of financial misconduct.
He however asked the court to quash the charges stating the alleged procurement violations could only be committed by the accounting officer or employees in the procuring entity – the Kerio Valley Development Authority.
The former CS argued the National Treasury or himself had no role to play in procurement matters of a procuring entity, otherwise, it would defeat the very purpose of securing accountability in procurement matters.
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