Investigations into the Sh74 billion Lake Turkana wind power project failed to start yesterday after Energy CS Charles Keter refused to answer questions.
Keter declined to respond to nine questions raised by the senators, arguing that the matter was sub judice.
Senate Energy Committee chairman Ephraim Maina wanted the CS to respond to questions notwithstanding the ongoing court case.
But Keter stood his ground, saying he had strict instructions from Attorney General Paul Kariuki not to discuss anything on the multi-billion-shilling project.
The questions were raised by Bungoma Senator Moses Wetang'ula.
The standoff forced the parties to take a five-minute break to allow for consultation between the two parties and their legal teams.
“We have consulted even with our legal department and it has been decided that the matter proceeds. A matter in court cannot impede a matter before this committee,” Maina said after the break.
“As I said, I have to go back to the AG so that I know how to answer the questions. For now, I will not answer any question. If I am to proceed and anything happens then I will be the one held responsible,” Keter said.
He tabled two petitions showing the matter was actively in court.
“It is a sad day for this House for the CS to come here and say the Attorney General has gagged him from engaging with the committee. Public interest supercedes unhelpful technicality,” Wetang'ula said.
Wetang'ula had before the House raised questions on the viability of the project amidst calls by senators to have it audited to eliminate any foul play and loss of taxpayers’ money.
The statement also irked Narok Senator Ledama ole Kina who termed Keter’s response as contemptuous to the committee.
The Senate also wanted to know whether there was a breach of the contractual agreement to supply power to the national grid.
They also asked why the government abandoned its deed-in-tariffs policy and Sh17 billion syndicated Spanish government loan in addition to the Sh3 billion the government injected through the Kenya Electricity Transmission Company to build the line.
Activist Okiya Omtatah last year asked the court to stop any further payments to Lake Turkana Wind Power Limited claiming that the firm has received Sh39 billion without supplying any energy.
