The three Italian firms contracted for the development of the Ksh63 billion Kimwarer, Arror dams have alleged that the failure of projects is as a result of the political tension between President Uhuru Kenyatta and his Deputy, William Ruto.
Cooperativa Muratori & Cementisti -CMC Di Ravenna Societa Cooperativa (Italy), Itinera S.P.A and CMC Di Ravanna- Itinera JV S.C.P.A, in a petition before the International Court of Arbitration, claimed that cancellation of the project was meant to puncture the DP's 2022 presidential ambitions.
The Italian firms presented press reports before the court, that quote DP Ruto's support for the projects, due to their economic value to the people in his backyard.
“It seems hardly coincidental that the highest-ranking official to be investigated and charged in the criminal proceedings is Kenya’s Treasury Cabinet Secretary, Mr. Henry Rotich, an ally of Mr. Ruto,” the court documents read in part.
The companies argued before the court that they are collateral damage in the supremacy battle between President Kenyatta and DP Ruto.
“The above explains how and why a joint venture of respected world-class engineering and construction companies, with an impressive track record of major works worldwide, was entangled in criminal proceedings in Kenya, charged with conspiring with no less a State entity (KVDA), a Kenyan ministry (Treasury) and possible even with international first-rate banks and Italian credit agency,” the firms argued.
They claimed that the government poked holes into the legitimacy of the contracts in 2019, two years after the deals had been concluded.
The firms maintained that their tendering process was in line with provisions of the law, and acted in accordance with requirements set out by KVDA.
They told the court that KVDA is on record admitting that the cancellation of the projects was politicised in a bid to disadvantage a community, portraying a political supremacy war.
In their court papers, the firms argued that the money received from KVDA as part of the contracts was put into good use in accordance to provisions by KVDA.
In December 2020, the firms sued Kenya, demanded that they be paid Ksh11 billion following cancellation of the projects.
“Accordingly, order KVDA to pay the claimants all the amounts provisionally indicated as US$114,177,645, or any other different sum that will result due to claimants in the course of the proceedings, plus interest as applicable,” the court papers read.
