Former Treasury Cabinet Secretary Henry Rotich was charged afresh after the consolidation of cases in the Arror and Kimwarer dam scandal.
The Prosecution led by Special Prosecutor Taib Ali Taib, Alexander Muteti & Angela Okallo defended their application to consolidate two cases where Henry Rotich, MD, KVDA David Kimosop & others were charged with conspiracy to defraud the government.
Other charges were; engaging in a project without prior planning, failure to comply with applicable laws relating to public procurement, abuse of office, and committing an offense of financial misconduct.
The prosecution argued that the application for consolidation of Anti-Corruption Case No. 20 of 2019 & 18 of 2019 is in the best interests of justice since it will decrease the number of accused persons from 18 to 9 by eliminating duplication.
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It will also result in the reduction of the number of counts from 40 to 30.
Technically, the number of witnesses will be reduced from 104 in both cases to 52 in the consolidated matter.
The prosecution told the court that the application is premised on the ground that the 2 cases arise from similar facts & circumstances and, in prosecuting the 2 cases, the prosecution will be relying on the same witnesses & exhibits.
According to the prosecution, consolidation would also prevent unnecessary delay in the conclusion of the matter considering the number of public funds that are the subject of the trial.
It is alleged that between 19th Dec 2014 & 22nd July 2019, the accused persons with others not before court jointly conspired to defraud the government of USD 501,829,769.43 equivalent of Ksh 55,803,470,360.62.
*This article was written by Meshack Makau for Uzalendo News. Email: uzalendonews24@gmail.com to submit your story.
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