Henry Rotich: Former Treasury CS Acquitted In KSh 63b Arrow And Kimwarer Dams Scandal

• Trial Magistrate Eunice Nyutu said there was no evidence to put former Treasury Cabinet Secretary Henry Rotich and eight others in their defence
• In her ruling, the magistrate heavily criticised the prosecution, arguing that they had failed to lead the case
• Nyutu said there was no evidence tabled in court to show that the former CS and eight others failed to follow procurement laws in the KSh 63 billion Arror and Kimwarer dams case

Amos Khaemba, a journalist at TUKO.co.ke, brings more than three years of experience covering politics and current affairs in Kenya.

Nairobi - An anti-corruption court has cleared former Treasury Cabinet Secretary Henry Rotich in the KSh 63 billion Arror and Kimwarer dams corruption case.

On Thursday, December 14, trial Magistrate Eunice Nyutu acquitted Rotich and eight others over a lack of evidence.

What Magistrate Eunice Nyutu said about the case

In her ruling, the magistrate criticised the prosecution over how they handled the case.

"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," Nyutu said.

The magistrate blamed the prosecution for leading only eight out of the 49 witnesses they intended to call.

"This would appear to be a prosecution-led acquittal," the magistrate stated.

The former CS had been charged alongside Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi, and Geoffrey Mwangi Wahungu.

On November 20, Rotich had asked an anti-corruption court to acquit him, saying the prosecution had failed to prove that money was lost in the financing and development of the Arror and Kimwarer dam projects.

How prosecution failed to lead Peter Munya in Rotich's case

The acquittal of the nine was not surprising given the prosecution had failed to lead the testimonies of 15 witnesses; it had called on the stand to testify against the accused.

For instance, the Office of the Director of Public Prosecution (ODPP) failed to question former Agriculture CS Peter Munya about the scandal, despite him having been the published scandal's key witness.

When Magistrate Nyutu forced state prosecutor Oliver Muriethi to lead Munya in testifying, he said he had no questions for the former governor.

"I have no question for the former Agriculture CS Munya in respect to this matter," state prosecutor Oliver Muriethi told Anti-Corruption magistrate Eunice Nyutu.