This archive report was first published on 23 July 2019.
On July 23, 2019, the Director of Public Prosecutions (DPP) Noordin Haji ordered the prosecution of 28 individuals, including officials from the National Treasury, Ministry of East Africa Community, National Environment Management Authority, Kerio Valley Development Authority, and Inspectorate of State Corporations, over the Kimwarer and Arror dams scandal.
Defence lawyers for the suspects, led by Kioko Kilukumi and Kipchumba Murkomen, argued that the accused are innocent persons under the law who seek to be released on bail under reasonable terms.
Mr. Kilukumi argued that the accused have cooperated fully with the investigators, with Treasury Cabinet Secretary Henry Rotich visiting the Directorate of Criminal Investigations offices on seven different occasions, spending up to 40 hours with the detectives.
"He has done everything that a suspect can do to help the investigators," Mr. Kilukumi said.
For Treasury Principal Secretary Kamau Thugge, Mr. Kilukumi said he was surprised to be arrested since he had not been notified that he was being investigated.
Ms. Susan Koech, East Africa Community PS, was on her way to the airport when she got news of the orders of her arrest, and cancelled her trip to South Africa.
Mr. Murkomen pleaded with the court to set reasonable bail terms for the accused, bearing in mind that "most Kerio Valley Development Authority employees are very junior staff earning meagre pay".
In response, the prosecution, led by Taib Ali Taib, said they do not oppose bail as long as the accused persons surrender their travel documents, keep away from their offices, and do not approach any of the witnesses or tamper with evidence.
"They have been in their offices working for their own benefits and not serving the public. They abused their powers," Mr. Taib said.
The court will rule on the bail application at 4:30pm.
