This archive report was first published on 26 October 2021.
On October 18, 2021, Director of Public Prosecutions Noordin Haji filed an application to amend the charge sheet and consolidate two files in the Sh63 billion Kimwarer and Arror dams' case.
However, former Treasury CS Henry Rotich and former Kerio Valley Development Authority (KVDA) managing director David Kimosop have vehemently opposed the consolidation of their files, saying it will undermine their rights to access to justice.
Rotich, through his lawyers Kioko Kilukumi and Philip Nyachoti, argued that the proposed amended charge sheet violates express constitutional provisions and is therefore null and void.
He also pointed out that he moved to the High Court challenging his prosecution on the basis that the charge sheet is faulty and that the amendment will affect and defeat the orders he has sought from the High Court.
Rotich further argued that in the proposed amended charge sheet, he has a total of 19 counts and that he has nothing to do with the other eleven counts brought against the other accused persons.
Lawyer Nyachoti argued that the DPP's application does not meet the threshold for consolidation as the two suits do not present a common question of law and fact and therefore no nexus whatsoever.
