Rotich was in 2019 accused of flouting procurement procedures in awarding a contract worth billions of shillings for the construction of the two dams to Italian firm CMC de Ravenna.

He called for the multiple counts that include abuse of office, conspiracy to defraud the public, failure to comply with guidelines relating to procurement, and committing an offence of financial misconduct quashed.

According to Rotich in court papers, the alleged procurement violations can only be committed by the accounting officer or employees in the procuring entity – the Kerio Valley Development Authority. 

The former CS argued the National Treasury or himself had no role to play in procurement matters of a procuring entity, otherwise, it would defeat the very purpose of securing accountability in procurement matters.

The former CS claims that the prosecution documents demonstrate there was prior planning including a Cabinet directive dated August 21, 2009, for implementation of the Arror Dam. 

According to him, it is the duty of  KVDA and the oversight ministry to ensure that procurement procedures, which include project planning, are adhered to. 

Rotich said he was authorised by law to sign all financing agreements on behalf of the government of Kenya. This was done after legal clearance by the Attorney General. 

Emci-Hub Technologies Ltd

By Prof. Joel Barasa

The Catholic University of Eastern Africa (CUEA) Faculty of Computer and Informatics, School of Science P. O. Box 62157-00200 Nairobi -Lang’ata Main Campus Email: joel@emcihubtechltd.co.ke Phone: +254705451853/+254769257365 LinkedIn: https://www.linkedin.com/in/joel-barasa-4a3a9a128/ GitHub: https://github.com/Barojoel Websites: https://emcihubtechltd.co.ke and https://estore.emcihubtechltd.co.ke Mr. Barasa I. Joel is a Kenyan citizen by birth. He is currently an adjunct lecturer and an IT specialist in Curriculum studies in the Catholic University of Eastern Africa (CUEA). Mr. Joel holds Post Graduate Program (EPGP) in Data Science, Business Analytics & Big Data in association with IBM which is India's first and the best Masters in Data Science from mUniversity, Aegis School of Business, Data Science, Cyber Security & Telecommunication. He also holds a Degree in BSc. Information Technology from the University of Kabianga, a Professional Certification CCNA and Data Analysis from the University of Kabianga. Joel is senior Software Developer with over 5 years worked on many projects like Kenbright Insurance, Rongo University eLearning portal, participated in integration of DHIS2 health IT systems at Kericho District Referral Hospital and served as H.O.D ICT department Okame college. Joel is an assessor and verifier in TVET CDACC curriculum implementation.

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