Former Treasury Cabinet Secretary Henry Rotich won a landslide victory in a $ 63 billion corruption case with the Kimwarer Dam after a judge dismissed two charges against him.
Chief Justice Douglas Ogoti ruled yesterday that the prosecution had failed to show how the two charges linked Mr Rotich to a specific violation of public procurement and financial management laws.
The case stems from an investigation into embezzlement in two dam projects run by Italian construction company CMC Di Ravenna, whose directors were indicted in absentia.
Mr Rotich, who was replaced in July 2016 after serving in a financial position since 2013, faces 18 other charges in tenders for the construction of the dams.
“Both counts complained of inaccuracies about the actual facts showing what was provoked under the ACOA Act (the fight against corruption and economic crime) and the Public Finance Management Act (PFMA) and the same has been rejected,” Ogoti said. he said.
The Public Finance Management Act states that a person commits an offense if he or she does not comply with procedures and guidelines regarding product delivery, procurement, financial management or volunteer spending.
The judge ruled that the prosecution did not raise the issue of public financial management, which Mr. Rotich had violated.
He added that the charges had two different rules and that the prosecution had not explained why it wanted the court to use one law to punish an offense committed under another law.
Mr Rotich was indicted again in May along with former director general of the Kerio Basin Development Authority David Kimosop, Kennedy Nyakundi (chief economist, treasurer), Jackson Njau Kinyanjui (director of resource mobilization, treasury) and Titus Muriithi (Inspector General) of Crown Organizations).
Mr Rotich has pleaded not guilty to more than 20 charges, including abuse of power, conspiracy to commit fraud, deliberately disregarding procurement law, and participating in a project and initial planning.
In the first count, the court heard that Mr Rotich, Mr Kimosop, Mr Nyakundi, Mr Kinyanjui and Mr Muriithi had conspired to defraud the government of $ 501,829,769 by agreeing to build two dams in Elgeyo Marakwet County, but the project had not been approved. .
They allegedly committed the offense between December 17, 2014 and January 31, 2019 by misappropriating a commercial loan on the pretext that it was an agreement between the government and the government and in doing so held the Kenyan government accountable as a financier and borrower. .
They are also accused of buying a single insurance policy and causing the government to lose 42,088,198 euros (5.56 billion shillings at current exchange rates).
Mr Rotich was further accused of using his office as cabinet secretary to provide contractual rights and benefits in collaboration with CMC I Ravenna-Itinera and to enforce illegal logistics agreements.
The heir was accused of giving a misleading report on the two dams to the Secretary of the Council of Ministers of the East African Community and Regional Development, which KVDA reports, causing the government losses.
Mr Rotich said the Public Treasury’s debt management office reviewed, discussed and sought legal approval from the attorney general before recommending that he sign loan agreements.
He said Director of Public Prosecutions (DPP) Noordin Hai dropped the series of event players, proposing a bias.
He said the DPP left out Githu Muigai, AG, and Njee Muturi, the then attorney general, who made numerous comments and legal opinions confirming that the facility agreement was legal and complied with Kenyan law.
Mr Rotich said he signed, signed an agreement with BNP Paribas Forties S.A./N.V; Itesa Sanpaolo S.P.A .; Unicredit SpA and Unicredit AG Bank in April 2017.
“It is the responsibility of the National Treasury and the Cabinet Secretary in particular who can bind the government to the logistics agreement and I have therefore been accused of fulfilling the legal obligation imposed under the Act on the management of public funds,” he said.