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Director of Public Prosecutions (DPP) Noordin Haji has been given until September 29 to come up with a decision on whom he wants to prosecute in the Sh54.9 billion Arror and Kimwarer dams scam. 

Milimani Senior Principal Magistrate Felix Kombo granted the DPP time in the case involving former Kerio Valley Development Authority (KVDA) managing director David Kimosop and his 12 co-accused who face 19 graft charges including conspiracy to defraud, wilful failure to comply with laws relating to public procurement and engaging in a project without prior planning.

“It is true this matter has suffered considerable delay in court, the prudent order would be to retain the mention date of September 29 to enable the completion of the review process by the DPP and the presentment of the final charges in the matter,” Kombo ruled.

Lead prosecution counsel and senior State counsel Ali Taib and Alexander Muteti had sought more time in the matter, saying their boss has received at least five applications from the accused persons, hence the call. 

“We urge the court to allow the DPP who is bound under the fair administration and constitution to consider the applications made by the accused persons for review until September when the matter is fixed for mention,” Taib said.

Defence counsel Katwa Kigen had opposed the request by DPP for more time, accusing him of delaying the matter  filed in court in 2019.

Hearing dates

“We cannot accord the State any further days. We urge the court to give us hearing dates within which time prosecution will indicate wish parties will be affected by the ongoing review of the charges against some accused persons,” Katwa said.

The prosecution alleged that between December 17, 2014 and January 31, 2019, Kimosop and his co-accused with others not before court conspired to unlawfully procure the services of CMC di Ravenna-ITINERA JV for the development of Arror and Kimwarer multi-purpose dams project under a purported EPC which scheme was designed to defraud the government of Kenya of $501.82 million (Sh54.91 billion).