In a landmark decision, former Treasury Cabinet Secretary Henry Rotich and eight other individuals have been cleared of charges related to the Sh63 billion Arror and Kimwarer dams corruption case.
Trial Magistrate Eunice Nyutu delivered the verdict, asserting that there was a lack of evidence necessitating the acquittal of all accused parties.
Magistrate Nyutu, in her ruling, stated unequivocally, "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."
The court found no substantiated proof demonstrating that the accused individuals had a deliberate intent to defraud the government of the allocated funds.
Notably critical of the prosecution's handling of the case, Nyutu remarked that the proceedings seemed "to be a well-choreographed acquittal."
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She highlighted the discrepancy in witness testimonies, as only eight out of the intended 41 witnesses were presented during the trial.
The court admonished the prosecution for failing to establish a compelling case against the accused.
Furthermore, the court emphasized the absence of evidence supporting the allegations that procurement processes for the Arror and Kimwarer dams were bypassed.
Magistrate Nyutu remarked that there was no indication that former CS Henry Rotich and his co-defendants had violated procurement laws in the execution of the dam projects.
The verdict also prompted scrutiny of the Office of the Director of Public Prosecutions (ODPP), with the court suggesting a need to assess the institution's approach in initiating cases that lack sustained commitment.
Former CS Rotich expressed relief at the conclusion of the case that had spanned several years, stating, "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 had previously petitioned the anti-corruption court on November 20, urging acquittal and contending that no financial misappropriation occurred in the Arror and Kimwarer dams project.
The former CS faced a total of 19 charges, including accusations of unlawfully executing loan agreements for the dam projects and improperly conferring contractual benefits to foreign suppliers.
The court's decision marks a significant turn in the high-profile corruption case that has gripped public attention since Rotich's initial arraignment on July 23, 2019.
As the legal proceedings conclude, questions linger about the efficacy of the prosecution's strategy and the broader implications for combating corruption within the Kenyan government.