Probe into the misused billions meant for the construction of Arror and Kimwarer dams in Rift Valley has continued to escalate fresh details. Are Interrogations being done by DCI bearing fruits? Former Attorney General Githu Muigai has told police that the Treasury headed by CS Henry Rotich ignored his legal advice against signing a deal with CMC di Ravenna to construct the two dams.
Githu was questioned on Friday by DCI investigators over the scandal.
He confirmed to a local daily that he had recorded a statement with the Directorate of Criminal Investigations.
The daily reports Githu revealed how the National Treasury and the Kerio Valley Development Authority sealed the multi-billion-shilling deal despite his caution.
He told the DCI investigators that he wanted the deal signed only after due diligence had been done on the Italian firm’s financial and legal status.
However, despite the Attorney General’s strong legal opinion, Treasury officials and the KVDA management inked the controversial Sh65 billion deal, exposing the country to possible massive financial losses.
“He did a self-recorded statement as a witness in the matter,” a source speaking on condition of anonymity told the daily.
“They (KVDA and Treasury) were in violation of the advice by the AG,” Githu is reported to have told the investigators.
The ex-AG who resigned on February 13, 2018, after a six-and-a-half years stint at the State Law Office, said due diligence was not conducted on the CMC di Ravenna company before the contract was sealed.
That company has encountered financial problems amid fears that the Kenyan contracts may not be executed.
Githu, according to investigators, received a request from the KVDA seeking his legal opinion on the construction of the two dams in March 2017.
In September, KVDA wrote to the AG’s office, saying that they were not in a position to conduct due diligence on the company that was to undertake the construction, yet the contract had already been signed in April 2017.
This was also seven months after the former AG had warned against the signing of the agreement without a due diligence report that would have revealed the financial position of the troubled Italian firm.