File in Kimwarer, Arror dams case goes missing

A court file containing documents challenging the prosecution of the managing director of an Italian firm implicated in the Arror and Kimwarer dams saga has gone missing.

The case had been listed for a mention on Monday before Judge Anthony Mrima but failed to proceed because the file could not be traced. The matter had to be placed aside for the file to be located.

But by noon when the court resumed, it had yet to be located. Justice Mrima said directions will be issued to the parties in the case by the Deputy Registrar once the file is found. In the case, Paolo Porcelli has asked the High Court to quash an arrest warrant issued by the Anti-Corruption Court.

Porcelli and other former board members of CMC Di Ravenna also challenged the criminal charges levelled against them in a criminal court terming them as vague.

They say, in documents filed on October 1, that examination of the amended charge sheet and the evidence clearly indicate Director of Public Prosecutions Noordin Haji lacks evidence to prove any crimes.

“A close examination of the amended charge sheet indicates DPP does not have adequate evidence to prove criminal violations. Charges levelled against us are vague and lacking clarity,” they said.

Paolo says to date no land has been secured by the KVDA to begin construction. He says Kerio Valley Development Authority (KVDA) failure to manage itself together with other government agencies impaired their ability to execute the Arror and Kimwarer projects.

CMC had entered into a contract with the authority for the execution of the dam projects.

But Porceli says KVDA and the national land commission impeded progress on the dam projects by failing to acquire the necessary land timely, rendering onsite work impossible.

“To date no land has been secured by the KVDA to begin construction. KVDA, Treasury and a host of other government agencies struggled to address the issues,” he says.

As a result, Porceli wants the charges quashed on grounds that they are unclear. He says the charges lack adequate reference to the acts or omissions complained of such that they are unable to interpret with any clarity what they are of and instead left to speculate.

Former Treasury CS Henry Rotich and other have since been charged in court over the dam’s scandal. Porceli and other board members were however absent when plea was taken but the court entered a plea of not guilty.