A witness in the Sh63 billion Kimwarer and Arror dams scandal case has revealed that the office of the Attorney General was involved in the two projects.

Charity Muyu, who was a procurement officer at Kerio Valley Development Authority (KVDA) and secretary to the technical committee tasked with the two projects, told the court that the then AG Githu Muigai gave a legal opinion on June 30, 2017 while the current AG Kihara Kariuki wrote a letter in 2018 indicating due diligence had been undertaken in the award of the tender.

Muyu was being cross-examined by lawyer Katwa Kigen who represents former KVDA boss David Kimosop who is charged alongside former Treasury CS Henry Rotich and seven others with the Sh63 billion dam scandal.

Others are Treasury officials Kennedy Nyachiro (chief economist), Jackson Kinyanjui (Head of Europe Division) and Titus Muriithi (Director of Resource Mobilisation).

Muyu was also an accused person but her charges were later dropped and she was made a State witness.

During her cross-examination yesterday, she confirmed that the Ad hoc committee tasked with the process of the two projects, had sought opinion from the former AG before undertaking the dam projects.

According to her, the committee gave Muigai an advert of the tender documents, commercial agreement and facility agreement so that he could legally advise KVDA.

Part of the AG’s legal opinion indicates; “As at the date of this opinion all the statutory provisions quoted herein are in force and effective as part of the laws of Kenya.”

It added:  “The contract having been duly signed by Henry Rotich CS Treasury and delivered on behalf of the borrower is legally binding upon the borrower in accordance with its terms.” Chief Magistrate Lawrence Mugambi was also shown another letter signed by Kariuki dated December 5, 2018.

The AG made a reference to the commercial agreement signed in 2017, saying due diligence was undertaken and that the tender had been initiated on December 19, 2014 and was subjected to public procurement protocol.

Yesterday, Kigen tried to discredit the prosecution’s case that the original tenderer was CMC Di.Ravenna of Italy not CMC Di Ravenna Itinera Joint Venture of South Africa.

Katwa told the court that CMC Di Ravena has its headquarters in Italy but has its subsidiaries in different countries including South Africa.

Case proceeds today.