The Office of the Director of Public Prosecutions (ODPP) has requested additional evidence before taking any prosecutorial action in the stalled KTDA hydropower projects involving KSh 978 million.
In a statement dated 29th April, ODPP confirmed receipt of a complaint from Senate Majority Leader Aaron Cheruiyot alleging misappropriation of funds and procurement irregularities in the project implementation.
“This Office is in receipt of a complaint letter dated 18th March 2026 (A copy is herein attached for ease of reference), from Hon. Senator Aaron Kipkirui Cheruiyot, E.G.H addressed to your Office and copied to us,” the statement read.
The decision now places the matter back into the investigative phase, with the Ethics and Anti-Corruption Commission (EACC) required to provide further updates before pressing any charges.
ODPP Seeks Stronger Investigative File
According to the ODPP’s letter to the EACC, there is a need for additional documentation and clarity on ongoing investigations into the hydropower projects along the Chemosit and Kipsonoi rivers.
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ODPP indicated that they must first evaluate the sufficiency of evidence before determining whether criminal charges can be sustained.
“This is to therefore seek an update on progress of the investigations, to enable us give a comprehensive response to the complainant.,” read part of the letter.
The request places the case in a further review phase, delaying any immediate prosecutorial action.
Allegations Over Sh978 Million Tea Farmers’ Funds
The office has revealed that the case of KSh 978 million collected from tea farmers through deductions by Kenya Tea Development Agency (KTDA) managed factories was misused during the development of the Settet hydropower project.
Senator Cheruiyot’s complaint alleges that there were irregular procurements from the onset of the project and throughout its implementation.
The Kipsonoi Hydropower Project is also under scrutiny, with concerns raised over its stalled progress and lack of visible development despite allocated funding.
“The letter alleges that funds contributed by KTDA-managed tea factories and farmers amounting to Kshs. 978 million, towards the Settet Hydropower Project were misappropriated and improperly utilized. The letter further alleges that there were procurement irregularities not only at the commencement of the project but all through the implementation process,” read the statement.
Also Read: Aaron Cheruiyot Asks EACC to Probe of Stalled KTDA Hydropower Projects After Farmers Raised Ksh 978M
Cheruiyot Lists 4 Requests to EACC
On March 18, 2026, Cheruiyot called the EACC CEO, noting that the delays have burdened smallholder tea farmers with high electricity costs for the last 12 years, despite their contributions toward the projects.
In his petition, he requests that the office:
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Institute a thorough investigation into the planning, procurement, financing, and implementation of the Settet Small Hydropower Project on the Chemosit River in Kericho County.
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Investigate why the Kipsonoi Hydropower Project in Bomet County has not commenced despite prior commitments.
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Conduct a forensic audit of all funds contributed by KTDA-managed tea factories and farmers toward the Settet Hydropower Project and related energy initiatives.
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Examine procurement processes, contractual arrangements, and project management decisions to determine compliance with applicable laws and governance standards.
