Activists Sue Prosecutors For Reportedly Bungling Henry Rotich's KSh 63b Arror And Kimwarer Case

• Transparency International, KHRC, Katiba Institute, and Africa Centre for Open Governance (Africog) petitioned the court to revisit the Arror and Kimwarer dams case
• The Human Rights groups accused DPP Renson Ingonga and prosecutors Geoffery Obiri and Oliver Mureithi of mishandling the KSh 63 billion case
• According to the groups, the prosecutors failed to produce all the witnesses in court, suggesting a prosecution-led acquittal

Nancy Odindo, a journalist at TUKO.co.ke, brings more than three years of experience covering politics, news, and feature stories across digital and print media in Kenya.

Four human rights groups have sued the Director of Public Prosecutions (DPP) and two state prosecutors for acquitting former Treasury Cabinet secretary Henry Rotich in the KSh 63 billion Arror and Kimwarer dams case.

On Friday, December 29, Transparency International, the Kenya Human Rights Commission (KHRC), Katiba Institute, and Africa Centre for Open Governance (Africog) filed a lawsuit seeking accountability for the careless dereliction of duty by prosecutors Geoffery Obiri and Oliver Mureithi, alongside DPP Renson Ingonga.

The organisations have appealed to the court to levy fines on Obiri, Mureithi, and Ingonga to deter any future lapses in prosecutorial duty to safeguard the public from avoidable expenses arising from the actions of the accused.

The petition additionally strives to preclude government officials from utilising public funds to cover damages if Rotich or the other former suspects prevail in their case for wrongful prosecution.

"The petition also seeks to restrict government officials from using public funds to compensate damages if Rotich or the other former suspects win their case for wrongful prosecution. The argument is straightforward: there is uncertainty regarding the responsible parties returning public money in case of a favourable ruling for the former accused," said their statement in part.

According to the lobby groups, the prosecutors failed to produce all 49 witnesses in the case. Only eight witnesses testified, implying 'a possible strategy for a prosecution-led acquittal'.

"The counsel failed to call witnesses, citing ‘firm instructions not to proceed with the matter.’ The court acquitted the nine accused persons but called for the accountability of the prosecution counsel for the prosecutorial misconduct,” reads a section of the petition.

KHRC, TI say Rotich's acquittal was politically influenced

KHRC and the TI claimed that the acquittal of former Treasury Cabinet Secretary Henry Rotich was politically influenced based on the purportedly consistent mishandling of high-level criminal cases, especially those with political affiliations.

KHRC demanded that Rotich and the other eight suspects who were absolved of the criminal case be prohibited from procuring government appointments and that the prosecutors who handled the case be relieved of their duties.

"Former CS Rotich and the eight other suspects involved in the Arror and Kimwarer dam cases should be barred from public office appointments. Their acquittal is suspect and requires a comprehensive, independent investigation to examine the circumstances surrounding the collapse of the case thoroughly," read their statement.