Henry Rotich, the former CS treasury wins big in Court after the defence Lawyer, Katwa Kigen tabled a Legal opinion document, signed by the former Attorney General, Prof. Githu Muigai.
The legal opinion document dated June 30, 2017, indicated that the Arror and Kimwarere multipurpose dam tender issuance process followed the laid down legal procedures.
According to Miss. Charity, a prosecution witness, all the committees were put in place during the tender evaluation.
Charity was one of the accused persons in the over 55 billion Arror and Kimwarer graft case but she was acquitted after she agreed to be a prosecution witness in the case.
She told the court that the treasury sought an opinion from the Attorney General before awarding of the tender.
In another letter signed by Kihara Kariuki, the current Attorney General dated December 5, 2018, the AG made a reference to the commercial agreement signed in 2017 saying that due diligence was undertaken.
The AG proceeds to say that the tender had been initiated on December 19, 2014 and was subjected to public procurement protocol.
The witness said that nobody was prejudiced and everyone was given a chance and fair competitive ground.
Rotich was charged alongside former Kerio Valley Development Authority (KVDA) boss David Kimosop, former Chief Economist Kennedy Nyakundi, Jackson Kinyanjui and Titus Muriithi.
They faced a total of 21 charges ranging from conspiracy to defraud the government, 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.
The first count stated that Rotich, Kimosop, Nyakundi, Kinyanjui and Muriithi conspired to defraud the government USD 501,829,769 (Sh54 billion) by entering into a contract for the construction of the Arror and Kimwarer multi-purpose dams without approval.
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