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KRN NEWS DESK
Henry Rotich’s File in Kimwarer scandal disappears strangely
A case involving former Cabinet Secretary stalled as it emerged that a court file in the Ksh 21 billion Kimwarer could not be traced on Monday, September 20, 2021.
Judge Anthony Mrima while addressing the Court requested more time to find the file. He claimed that the file was crucial in the ongoing trial.
Mrima announced a break to allow clerks to trace the file but they couldn’t find it. He further directed that once the file is located, the two parties will be given instructions on how the case will proceed.
In June 2019, DCI established that the officials involved in the scandal flouted the procurement rules and abused the oath of office.
The DCI claimed that they ignored the law to ensure that CMC Di Ravenna won the contract. Despite having known that the Italian company was getting into voluntary liquidation, they went ahead and awarded them the contract.
In July 2021, the former cabinet secretary got reprieved after a court dropped two charges against him in the same case
Chief Magistrate Douglas Ogoti ruled that the Directorate of Criminal Investigations had failed to link Henry Rotich to specific breaches under the procurement and public finance management laws.
“The two charges complained of lack specificity as to the actual facts demonstrating what was offended under the ACECA (Ant-Corruption and Economic Crimes Act) and under Public Finance Management (PFMA) Act and the same are rejected,” Mr. Ogoti said.
Rotich faces a challenge after his former PS, Thugge, agreed to testify against him. Thugge struck a deal with the DCI to take to the witness stand against Rotich.
A lawyer familiar with the plea bargain told the Star that the decision to convert Thugge into a state witness will strengthen the case.
“The DPP needed a high profile insider to testify. Having charged so many officials, there was no one to testify against those charged. So it makes logical sense to cut a deal with Thugge,” the lawyer said.
