Emerging details indicate that the Kimwarer Dam project in Elgeyo Marakwet county was not approved by the cabinet, even as the National Treasury proceeded to approve Sh22.5 billion towards the project.
According to Auditor General Edward Ouko, the dam construction was not included in the 2008 cabinet approval that, however, approved that of the Arror Dam in the same county.
In his report for the financial year ending June 2018, Ouko now blames the Kerio Valley Development Authority for taking up the project and directly inviting tender applications without issuing a notice of expression of interest.
“According to the memorandum of December 3, 2008, the Cabinet approved development of the Arror Integrated Multi-Purpose Project. There was no evidence to show that the Kimwarer multipurpose project was approved by the Cabinet," reads the report.
He adds that KVDA further contravened the law by failing to include the project in the annual procurement plan for the year that ended on June 30.
According to Ouko, the authority proceeded to indicate that the tendering process followed an approval by the cabinet, therefore going against section 43(3) of the Public Procurement and Asset Disposal Act of 2015.
“Therefore, Kimwarer dam was not approved by the Cabinet. Consequently, the management breached the law,” he added.
The two projects have since evolved into a scandal following their halt, after the company that was awarded the tender, Italian firm CMC Di Ravenna, vacated the scene over bankruptcy.
This has since costed former National Treasury Cabinet Secretary Henry Rotich and his Principal Secretary Kamau Thugge their jobs, apart from landing them in court over graft allegations.