KHRC Calls for Sacking of Arror and Kimwarer Dams Scandal Prosecutors

December 21, 2023

The Kenya Human Rights Commission (KHRC) is advocating for the removal of the prosecution team that handled the Arror and Kimwarer case from office.

In a statement, KHRC noted that the State’s handling of the case demonstrated “prosecution-assisted acquittals.”

“The trial faced continuous frustration, prompting both Magistrate Eunice Nyutu and High Court Judge Nixon Sifuna to openly call out the prosecutors in charge of the case,” KHRC Executive Director Davis Malombe noted.

Malombe asserted that it was evident the prosecution was deliberately committed to failure in the Arror and Kimwarer case.

“DPP Renson Ingonga must know that prosecutorial powers are not a plaything that can be exercised at whims between his office and political power holders to absolve suspects with political connections,” he said.

The KHRC Executive Director pointed out that the deliberate undermining of cases for political reasons was not a recent development.

“Various stakeholders, including the civil society, the Judiciary, and the public, have consistently voiced concerns regarding the ODPP’s handling of high-level criminal cases, especially those with political connections,” KHRC said.

Emerging Pattern of Failed Prosecutions

Malombe added that there is an emerging pattern where cases fall apart due to prosecution withdrawal or end in acquittals because of poor prosecution.

The Commission insisted that the Director of Public Prosecutions (DPP) must take control of the Arror and Kimwarer case and realign it with its foundational principles and raison d’être (reason or justification).

KHRC emphasized the importance of identifying any personal culpability among its officers that resulted in the wrongful identification of the 41 witnesses.

“The DPP should initiate a swift process to ensure that the actual culprits are brought to court and charged accordingly. If Rotich and eight others were the real suspects, they must face the law again,” the Commission said.

KHRC stated that if the DPP ignores their demands, it would take legal measures against the officers who acted outside the principles of the Constitution.

The commission also insisted that Rotich and the eight other suspects involved in the Arror and Kimwarer dam case should be prohibited from public office appointments.

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