The Office of the Director of Public Prosecution (ODPP) has cleared the air regarding reports that a crucial file went missing in the Arror, Kimwarer dams case, leading to the postponement of the hearing.

In a statement released on Thursday, the ODPP acknowledged that there was a missing file, but divulged that it was not for the prosecution as reported by a section of the media.

“To our knowledge, the only missing file in the case relates to an application filed in the High Court by CMC Di Ravenna companies and their directors, a matter we have already responded to and are ready to prosecute at the earliest opportunity as and when the date is set for hearing,” DPP said.


The ODPP took an issue with the disappearance of the same file on several occasions, noting that it will move to the Office of the Chief Justice for intervention, as the disappearance of the file is slowing down the case.

“The ODPP intends to formally raise the matter with the Office of the Chief Justice to ensure that the accurate position is clarified beyond peradventure to avoid unnecessary speculation. , noting that this is not the first time that the said file has gone missing, occasioning delays in conclusion of the matter,” the statement read in part.

The Arror-Kimwarer case has been in the courts for several months. Former National Treasury Cabinet Secretary Dr Henry Rotich is among the accused parties in the case.

The CS and other co-accused are charged with several offences that include; abuse of office, conspiracy to defraud the government, and failure to comply with the law while executing contracts that tied the government to pay approximately Sh63 billion for the construction of the two dams.