[STATEMENT] DPP Orders Investigations Into Kimwarer and Arror Dams Scandal; Directs Probe Be Focused on KVDA And Rift Valley Water Services Board.

As the scandal concerning the loss of Ksh. 21 billion meant for construction of Kimwarer and Arror multipurpose dams hots up, the Director of Public Prosecutions (DPP) has release a damning statement.

The DPP confirms that indeed Ksh. 21 billion was lost and not Ksh. 7 billion as Deputy President claims.

Haji has also opened probe on other incomplete dams projects such as Itare, Napuu e.t.c.

Below is the full [text] statement from Noordin Haji:

Following complaints that the Government of Kenya has been exposed to the loss of Billions of Shillings arising out of alleged manipulation of the tendering process and payments for the construction of several dam projects including the Itare Dam, the Embobut Multi-Purpose Dam, the Kimwarer Dam, the Lower Turkwel Irrigation Scheme, the Arror Dam and the Napuu II Irrigation Project, I immediately constituted a team of prosecutors to work closely with the Directorate of Criminal Investigations to ensure that the investigations into these projects are meticulous, comprehensive and expeditiously carried out.

The teams have since embarked on the exercise and a substantial number of persons have already been summoned by and have recorded statements with the Directorate of Criminal Investigations.

My office has closely followed up the emerging case details and upon reviewing the preliminary report presented to me by the team of prosecutors, I have been persuaded that the complaints lodged were not without merit and the evidence so far suggests that the breaches of the law emerging, and their consequences merit intense and thorough investigations,

I have also noted the shocking magnitude of the amounts involved and the range of parties that are of interest to the investigations.

This has in turn made investigations complex requiring investigators to cover a wide range of areas including but not limited to a thorough analysis of the following:

1. The tendering process;
2. The discrepancies in the identities of the parties that bid for the Tenders, the parties that won the Tenders, the parties that were granted the Tenders and the parties that executed the Agreements;
3. The award of Tenders in the absence of project designs;
4. The attempt to manufacture designs post-fact;
5. The failure to secure any of the land required for the Projects;
6. The disputed status of ownership of the Project Lands;
7. The failure to compensate the owners of the persons affected;
8. The apparent absence of any recorded hand-over of the sites;

9 The payment of close to Kshs. 21 Billion to the said contractors regardless of the issues stated above;

1. The involvement of a large number of Government Officials in the entire process;
2. The legal status of the alleged contractor and their financial status in their home country; and
3. The involvement of the alleged contractor in other allegations and

investigations of fraud in their home country, Italy;

More crucially, we must get a handle on more than Kshs. 21 billion that has already been paid out, trace where and to whom every shilling has been paid so as to trace and establish any intended corrupt payments if any and the recipients thereof.

This means that an aspect of International Cooperation shall be necessary in unearthing the true identity of the persons behind the entities fronted in the Agreements.

Regarding the Kimwarer & Arror Projects the contractual sum under investigation is 65 Billion with 21 Billion already allegedly paid. In respect of the other projects the team is yet to furnish my office with the cumulative sum since investigations are still ongoing.

Accordingly, I have directed the Director of Criminal Investigations and the technical team among the investigations to fast track the investigations and in so doing engage our international partners who are willing to assist the country with international aspects of the investigations to unravel any fraudulent activities.

Further, I have directed that financial investigations that may lead to identification of any properties that are proceeds of crime be given a top priority so as to ensure that any ensuing prosecutions will not only be limited to securing convictions against the perpetrators of the fraudulent activities but also be predicated upon recovery of public funds that may have been improperly expended.

I do therefore urge the public to be patient as the investigators proceed with the investigations, and in this regard, I request that a fair opportunity be given to the investigation team and my Office in order to deliver justice to the country.

Also to allow those under investigation ample time to shed light on what actually transpired. The cardinal principle of fair hearing and presumption of innocence to all shall apply before any decision to charge is made.

Any ensuing prosecutions will be undertaken professionally devoid of any witch hunt, political considerations or any other extraneous matters. We shall keep the public informed of the progress we are making on each project investigation.

Signed

DIRECTOR OF PUBLIC PROSECUTIONS 8 March, 2019