•The court heard that the technical committee sought an opinion from Githu for the two projects.
•Muyu said they forwarded tender documents, commercial agreement and facility agreement to the AG for his opinion and advice before they proceeded.
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The Attorney General gave the green light to Kerio Valley Development Authority for construction of Kimwarer and Arror dams in 2017, the court has heard.
Charity Muyu, who is the first witness to testify, told the court former AG Githu Muigai and the current AG Kihara Kariuki gave their opinion on the construction of the dams, which okayed the process.
Muyu, a former procurement officer at KVDA, had been charged alongside former Treasury CS Henry Rotich in the dams scandal but the DPP dropped charges against her.
While being cross-examined by lawyer Katwa Kigen, Muyu said a legal opinion was signed by Githu on June 30, 2017.
The court heard the technical committee sought an opinion from Githu for the two projects.
Muyu said they forwarded tender documents, commercial agreement and facility agreement to the AG for his opinion and advice before they proceeded.
“As at the date of this opinion all the statutory provisions quoted herein are in force and effective as part of the laws of Kenya,” the opinion reads.
“Having been duly authorised signed by Henry Rotich CS treasury and delivered on behalf of the borrower is legally binding upon the borrower by its terms.”
Kariuki signed another letter dated December 5, 2018, in which he referred to the commercial agreement signed in 2017 saying that due diligence was undertaken.
The letter further states that proceeds to say that the tender had been initiated on December 19, 2014, and was subjected to public procurement protocol.
Muyu also told chief magistrate Lawrence Mugambi that nobody was prejudiced and everyone was given a chance and fair competitive ground in the awarding of the tender.
Muyu was also put to task by Katwa to tell the court whether the letter of award for the tenders was sent to the wrong party.
She told the court that she doesn't remember whether they were sent to the right person.
Is it your position that the letter of award was sent to the right person? Katwa asked.
“I don’t know whether they were the right or the wrong person,” Muyu said.
She said the committee evaluated and awarded the tender to CMC Di Ravena.
Muyu has been in the dock since November last year and to date, she is yet to finish her testimony.
The prosecution has lined up 45 witnesses who will testify in the matter.
The prosecution said it will prove through evidence that Rotich and his co-accused conspired to award the tenders in question to a company that never existed at the time of awarding the tenders.
The case resumes on Tuesday.