Former Treasury CS Henry Rotich and his co-accused have been charged afresh in the Ksh63 billion Kimwarer and Arror dams corruption case.
The suspects were charged with conspiracy to defraud, engaging in a project without prior planning, failure to comply with applicable laws relating to public procurement, abuse of office and committing an offence of financial misconduct.
The Prosecution led by Special Prosecutor Taib Ali Taib, Alexander Muteti and Angela Okalloalso sought to consolidate two case where Rotich, David Kimosop and others who are charged in the Arror and Kimwarer Dams scandal.
The prosecution argued that the application for consolidation of Anti-Corruption Case No. 20 of 2019 and 18 of 2019 is in the best interests of justice since it will decrease the number of accused persons from 18 to 9 by eliminating duplication.
It will also result in the reduction of the number of counts from 40 to 30. Technically, the number of witnesses will be reduced from 104 in both cases to 52 in the consolidated matter.
The prosecution told the court that the application is premised on the grounds that the two cases arise from similar facts and circumstances and, in prosecuting the two cases, the prosecution will be relying on the same witnesses and exhibits.
According to the prosecution, consolidation would also prevent unnecessary delay in the conclusion of the matter considering the amount of public funds that are the subject of the trial.
It is alleged that between December 19, 2014, and July 22, 2019, the accused persons with others jointly conspired to defraud the government of USD 501,829,769.43, an equivalent of Ksh55,803,470,360.62.