The Senate has summoned Attorney General Paul Kihara and Infrastructure PS Paul Maringa over the cancellation of Kimwarer dam project and scaling down of Arror dam.
They duo will appear before the Senate Justice and Legal Affairs committee on Thursday to shed light on the directives on the projects in Elgeyo Marakwet by President Uhuru Kenyatta.
“We want you to explain the legal concerns raised in the petition with respect to the cancellation of Kimwarer dam and scaling down of Arror dam,” committee chairman Samson Cherargei (Nandi) said.
He was addressing Solicitor General Kennedy Ogeto who had appeared before the panel to respond to the petition on behalf of the AG.
In the documents tabled in the committee, Kihara noted that his office had not received the technical committee report and could, therefore, not authoritatively talk on the matter.
Further, the AG cautioned that matter was a subject of criminal proceedings in court and thus discussing it would amount to sub judice.
"In the circumstances, we wish to exercise restraint in making any comments on the issues raised without the benefit of the report of the technical committee and in a manner that may offend the sub judice rule," the AG said in the document.
Maringa chaired a technical committee that re-evaluated the two projects and advised the President to cancel Kimwarer and scale down the design of Arror dam from 96 metres to 60 metres.
The committee is investigating the circumstances that led to the cancellation of the Sh22 billion Kimwarer dam project with a view to having it revived.
The probe follows a petition by leaders and residents of Elgeyo Marakwet led by Majority leader and the Senator Kipchumba Murkomen protesting the President's decision in September.
Murkomen said it was unfair for the government to purport to be supporting development yet ignores the impact of the decision made on the two dams.
"The optimised (Arror) dam will be technically viable since it will only require about 250 acres and cost Sh15.4 billion with power and Sh13.1 billion without power. The dam was previously estimated to cost Sh28.3 billion," a statement from State House read.
The report shows that the Sh22.2 billion Kimwarer dam was overpriced and was neither technically nor financially viable.
Suspended Treasury CS Henry Rotich and his PS Kamau Thugge and host of others are currently battling criminal charges in court in relation to the projects. They were accused of inflating the cost of the projects ostensibly to pocket the excess amount.
Edited by R.Wamochie
