If Kenyans are to go by Kimani Ngunjiri’s word then CS Henry Rotich could be the biggest scam the country has ever seen.
Treasury CS Henry Rotich was on Tuesday questioned in connection with the construction of multibillion-shilling dams and claims of kickbacks by the DCI.
It is alleged that in 2018 CS Henry Rotich approved the funds for the construction of the Ksh 21B Elgeyo -Marakwet dam
Signed on April 7, 2017, the contract between KVDA and a joint venture of CMC di Ravenna and Itinera SPA raised suspicions from the start.
On March 10, 2017, a month before KVDA Managing Director David Kimosop signed the contract, the then Attorney-General Githu Muigai wrote to Treasury CS Henry Rotich seeking his intervention.
“We advise that a due diligence be undertaken on … CMC di Ravena before executing the contract involving key stakeholders, which must include representative from the office of the Attorney-General and the Department of Justice to establish its capacity and capability to carry out the project,” Prof Muigai said.
He also asked for the deletion of a clause in the contract that would have allowed the financier to seize Kenya’s assets abroad if Nairobi defaulted.
Source within the investigating team says the cabinet secretary is expected to answer 300 questions on how the monies were released to the Italian firm before the project commenced, but more so without designs.
Rotich will also be questioned as to why he went against the advice of the Attorney General and signed off a deal with a company grappling with financial constraints
Sources say lawyers representing the Treasury CS have asked the DCI to avail the interrogation rooms from as early as 6am.
If found culpable, CS Rotich is likely to face graft charges alongside Kerio Valley Development Authority (KVDA) Managing Director David Kimosop, KVDA procurement boss William Maina Kiprotich and the authority’s engineer Paul Serem among other officers.
“This article is unlawful and should be deleted as it gives the lender the right to file a number of proceedings contemporaneously in several jurisdictions relating to the same matter,” Prof Muigai added.
It has emerged that the due diligence was undertaken between April 25 and May 3, 2017, three weeks after the contract had already been signed.
The due diligence was in relation to the financial, technical and legal competence of CMC di Ravenna to carry out the contract to completion.
In order to cover up their misdeeds, KVDA officials wrote to Attorney-General Kihara Kariuki on September 17, 2018 seeking his “concurrence” with the due-diligence report.
It is not clear why Mr Kimosop sought the AG’s nod after 16 months.
In his letter to Mr Kihara, Mr Kimosop explained that KVDA had not done due diligence because “the financiers had set out stringent timelines and there was need to secure funding after consultations with the relevant government authorities”.
He also said due diligence had been undertaken on CMC di Ravenna after it was given the Itare Dam contract in Molo.