• Rotich, Thugge and PS Susan Koech are accused of conspiring to defraud the state of $244,422,163.93 concerning the construction of Kimwarer Dam by entering into an agreement disguising it as a government-to-government loan.
• Rotich faces six counts of abuse of office while Thugge faces 10 similar counts.
Embattled powerful Finance Cabinet Secretary Henry Rotich yesterday traded the comfort of his posh office chair for hard a wooden bench when he shared a holding cell with petty offenders as he waited to be charged.
Dressed in a grey pin-striped suit, white shirt, yellow patterned tie and black shoes, Rotich sat pensively in court as he waited for magistrate Douglas Ogoti to arrive
His PS, Kamau Thugge, sat next to him, dressed in a checked grey suit and a red tie.
At 10.36am the magistrate walked in and lawyers representing different parties introduced themselves. Rotich and his co-accused persons were standing.
At 10.38 am the court clerk read out the names of the accused persons starting with Rotich to ascertain who was present and who was absent.
At the mention of his name, the CS raised his right hand and said in a low tone, "Present."
Occasionally the CS clasped his hands with interwoven fingers. Thugge looked down, only moving his hand several times through the entire court session. The two were purse-lipped before they denied the numerous charges read out to them.
Rotich, Thugge, PS Susan Koech and Kennedy Nyakundi (chief economist, head of Europe II division) are accused of conspiring to defraud the state of $244,422,163.93 in relation to the construction the of Kimwarer Dam in Uasin Gishu.
They appeared before chief magistrate Douglas Ogoti.
It is alleged they entered into an agreement, disguising it as a government-to-government loan. The loan was allegedly guaranteed by the Italian government and they allegedly committed the offence between December 17, 2014, and September 27, 2018.
On a second count, they were accused of failing to follow procurement procedures and another count of irregular procurement of an insurance policy through single-sourcing.
They also face a charge of engaging in the dam project without prior planning. They are accused of abusing their office.
Rotich faces six counts of abuse of office while Thugge faces ten counts of abuse of office in their files.
EX-Kero Valley Development Authority (KVDA) boss David Kimosop, who is said to be in DR Congo, has charges listed in all the four files and is expected to be charged on Friday.
KVDA employees in court were also charged with similar offences of conspiracy to defraud and other counts of abuse of office.
Among those charged in the third and fourth file was Nema director Geoffrey Wahungu.
A total of 16 suspects appeared in court all represented by a battery of lawyers. According to prosecution documents, 28 suspects were to be charged but only 16 showed up in court.
Rotich was represented by lawyers Kioko Kilukumi, Katwa Kigen, Jinaro Kibet, Mahat Somane and Philip Nyachoti. Senator Kipchumba Murkomen is also among the lawyers in the case.
The prosecution team was led by lawyer Taib Ali Taib assisted by Emily Kamau, Alex Awiti and Alexander Muteti.
Politicians Gladys Shollei and Jeniffer Shamala also showed up in solidarity but left after a short while.
Immediately after the suspects denied the charges, lawyer Kilukumi asked the court to give his client Rotich reasonable bail terms, saying he had cooperated with investigating authorities. Rotich had surrendered.
He noted that there are no compelling reasons to warrant his client’s denial of bail and pleaded for leniency. He said there are compelling reasons why they should be immediately admitted to bail.
The court was asked to take note of the fact that all the suspects in the case are still innocent until proven guilty.
The trial magistrate was also informed that Thugge has never been summoned to record a statement and his arrest came as a shock.
PS Koech was on her way to the airport when she heard that she was being sought and turned back. According to Kilukumi, she turned back and went to the DCI on her own volition.
Murkomen said that none of the accusations before the court showed that the accused persons personally benefited from looting of public resources.
Murkomen informed the court that PS Koech joined the office last year and was not there in 2014.
The prosecution team informed the court of it intends to conclude the trial quickly, especially due to the public interest.
The DPP has been meticulous and thorough to ensure there are convictions, Taib said.
He asked that all the accused persons should be compelled to surrender their travel documents and passports to the court.
Taib said the move aims to ensure the suspects will not approach any of their witnesses or tamper with any documents and deposit sureties.
BAIL, BOND TERMS
Taib added that the amount of money lost by the taxpayer runs into billions of shillings and as such court should impose bail in billions of shillings.
He also urged the court, in considering bail, to bear in mind that the suspects chose to work for their own benefit instead of the public interest.
Chief trial magistrate Douglas Ogoti released Rotich and Thugge on Sh50 million bond each or an alternative cash bail of Sh15 million.
Koech and Nyakundi were each released on Sh30 million bond or an alternative cash bail of Sh6 million.
Wahungu and three others were released on Sh2 million bond or Sh750,000 cash bail. The other tender committee members were each released on Sh5 million bond or Sh2 million cash bail.
They were all ordered to deposit their passports in court within 48 hours.
The court barred all the accused from accessing their offices unless they are accompanied by a DCI officer.
Ogoti directed all the other suspects in the case who have not been charged, including Kimosop, to present themselves to the DCI before Friday this week.
Otherwise, arrest warrants will be issued against them, he said.