Former Treasury Cabinet Secretary Henry Rotich has accused the Director of Public Prosecutions (DPP) Noordin Haji of selective prosecution for going after him over the Kimwarer and Arror dams’ scandal.
In a petition pending before the High Court, Mr Rotich also demanded the prosecution of former Environment and Regional Development Cabinet Secretary, Judi Wakhungu and experts from the ministry.
Former Treasury Cabinet Secretary Henry Rotich has accused the Director of Public Prosecutions (DPP) Noordin Haji of selective prosecution for going after him over the Kimwarer and Arror dams’ scandal and leaving out key players in the deal, including former Attorney-General Githu Muigai and former Solictor-General Njee Muturi.
In a petition pending before the High Court, Mr Rotich also demanded the prosecution of former Environment and Regional Development Cabinet Secretary, Judi Wakhungu and experts from the ministry, saying they provided necessary opinion before writing to the Treasury to seek funding of the two dams in Elgeyo Marakwet County.
“It is absurd that the respondents chose to charge me while the Attorney-General is not charged in this respect. This is an indication of selective prosecution that cannot stand the test of objectivity and fair administrative action,” he said in an affidavit.
Mr Haji dropped charges against former Treasury PS Kamau Thugge and Dr Susan Koech, a former PS in the Environment ministry, and plans to use them as witnesses in the trial against Mr Rotich and more than 20 other accused persons.
But in the petition, Mr Rotich said he signed the agreements at the tail-end as part of his statutory responsibilities.
The process, he said, was undertaken by the parent ministry and Kerio Valley Development Authority (KVDA).
He revealed that Ms Wakhungu, currently Kenya’s ambassador to France, wrote to the Treasury in March 2016, forwarding the projects’ documents for the two dams, which included the identified financing proposal and requested for government borrowing to fund the projects on behalf of KVDA.
He said being Vision 2030 projects, Ms Wakhungu requested the CS Treasury to review the proposed financing and borrow funds to finance the projects.
Mr Rotich said the Public debt management office at the Treasury reviewed, negotiated and sought legal clearance from the Attorney General before recommending to him to sign the loan agreements.
He said the DPP left out Prof Muigai and Mr Muturi- the Solicitor General at the time, who issued various legal advices and opinion confirming the facilities agreements was legally binding and in compliance with the Kenya laws.
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