Former Treasury CS Henry Rotich and ex-PS Kamau Thugge will be this week questioned by the Directorate of Criminal Investigations (DCI) over the stalled Sh38 billion Itare dam projected
Rotich and Thugge are facing charges over the Arror and Kimwarer dam scandal.
The two are expected to mention the name of the person who authorized an advance payment of Sh4.3 billion to the now-defunct Italian contractor CMC Di Ravenna concerning the stalled project.
“We are about to conclude investigations into this issue. We want to speak to the two since they were in charge when some decisions were made,” a senior DCI investigator told the Star.
The DCI also wants to know why the payment was done even though the Italian company has applied for bankruptcy.
The Italian firm, CMC Di Ravenna has refused to refund the money arguing that the payment was indemnified by a clause in the contract that was signed by Rift Valley Water Services Board.
“The employer shall indemnify and hold the contractor harmless against and from all damages, losses, and expenses, including legal fees and expenses resulting from a claim under the performance security to the extent to which the employer was not entitled to make the claim,” clause 4.2 of the contract says.
Rotich and his co- will also be quizzed on the terms of a 2015 loan agreement between the National Treasury and BNP Paribas Fortis and Intesa Sanpaolo of Italy.
Some of the advance funds were paid through Heritage Insurance which also acted as a guarantor.
The two are expected to shed light on whether the loan guaranteed was secured as well as whether the government could recoup the advance payment to CMC Di Ravenna.
So far 20 people have been netted in connection with the dam scandal.
Among the big names included are former Water CSs Eugene Wamalwa (now Devolution), Labour CS Simon Chelugui (then Water CS), and Lydia Ntimama, the daughter of the late Cabinet minister William ole Ntimama, who was a board member of Rift Valley Water Works Development Agency.
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Both Rotich and Thugge are out on bail after they were arraigned in court over abuse of office charged in July last year.
They are among the 28 people who were arrested and prosecuted for having a hand in the misappropriation of approximately Sh63 billion meant for the construction of Arror and Kimwarer dams in Elgeyo Marakwet county.
Henry Rotich was charged with two counts while Kamau Thugge is facing five charges.
