Following his acquittal in the Sh63 billion Arror and Kimwarer Dams corruption case by the Milimani Anti-Corruption Court, ex-Treasury CS Henry Rotich expressed that defeat and shame belong to “those who schemed this evil work.”
Speaking to the media at Milimani Law Courts, Henry Rotich pledged to provide a more comprehensive response, stating, “wacha nipumzike kwanza (Let me rest first).”
“I think the devil has been ashamed and I believe he will permanently be ashamed for those who schemed this evil work…I will give a more detailed reaction,” Rotich said.
In acquitting the former powerful minister in former President Uhuru Kenyatta’s government, Trial Magistrate Eunice Nyutu said the prosecution had failed to lead the case.
The court released Rotich and eight other co-accused persons noting there was no evidence demonstrating that the accused had the intention of defrauding the government of the funds.
The court criticized and admonished the prosecution for their handling of the case, remarking that it seemed to be a “well-choreographed acquittal.” The critique stemmed from the prosecution only presenting eight witnesses out of the originally intended 41.
Prosecution-led Acquittal
“This would appear to be a prosecution-led acquittal,” said Magistrate Nyutu.
“All the accused persons in this case are hereby acquitted under section 210 due to lack of evidence as a result of the reckless dereliction of duty by the prosecution,” she ruled.
The court emphasized the importance of scrutinizing the conduct and behavior of the Office of the Director of Public Prosecutions (ODPP) concerning initiating cases that they do not intend to pursue to their conclusion.
Rotich and his co-accused faced charges of conspiring to defraud the government of $501,829,769.43 (Sh63 billion) through the unlawful initiation and entry into construction, financing, and insurance agreements for the development of Arror and Kimwarer multipurpose dam projects.
The accused individuals included former Kerio Valley Development Authority managing director David Kimosop, former chief economist Kennedy Nyakundi, former NEMA managing director Geoffrey Wahungu, and KVDA official Jackson Kinyanjui. William Kipkemboi, Paul Kipkoech, Francis Chepkonga, and Titus Muriithi were also implicated.
The alleged offense occurred between December 17, 2014, and January 31, 2019.
The case has been ongoing since Rotich was first arraigned on July 23, 2019.
