Witness in Sh63b Arror and Kimwarer dams scandal declines to testify

Former Treasury CS Henry Rotich (right) and Kamau Thuge at Milimani Law Court. [File, Standard]

The witness' reluctance to testify forced the magistrate to adjourn the hearing to enable the DPP put his house in order.

"The witness says he has reservations about testifying. He looks tense and is not in a calm state of mind to testify. Since witnesses play a critical role in the administration of justice, they can only testify when they feel comfortable," ruled Mugambi.

Rotich and Kimosop are facing the charges of conspiracy to defraud Sh63 billion for the construction of the two dams- Arror and Kimwarer, alongside former Chief Economist Kennedy Nyakundi, and former National Environment Management Authority (NEMA) Managing Director Geoffrey Wahungu.

Others are Jackson Kinyanjui, William Kipkemboi, Paul Kipkoech, Francis Chepkonga, and Titus Muriithi.

They are facing a total of 30 counts in which the prosecution claim they conspired to defraud the government by entering into a contract for the construction of the Arror and Kimwarer multi-purpose dams without approval.

Other charges are willful failure to comply with procurement rules, abuse of office, engaging in projects without prior planning, failing to comply with laws on managing public funds, and financial misconduct.

Mr Mugambi directed that the hearing resume on November 18.