Former Treasury Cabinet Secretary Henry Rotich and his co-accused have been acquitted of graft charges in the Sh 63 billion Aror and Kimwarer dams scandal.
Trial Magistrate Eunice Nyutu ruled that the prosecution had failed to prove the case against the accused persons.
Rotich was charged alongside charged alongside former Kerio Valley Development Authority (KVDA) boss David Kimosop, former Chief Economist Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, William Kipkemboi Maina, Pail Kipkoech Serem,Fancis Kipkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu.
The magistrate went ahead to blast the prosecution for abandoning the case.
In her ruling, CM Nyutu noted that the prosecution had abandoned the case and only lead eight out of their 49 witnesses.
She noted that the prosecution told the court that they had firm instructions not to proceed with the matter.
The magistrate read the opening statement of Taib Ali Taib, the lead prosecuting counsel at the beginning of the trial stating how they were going to prove the case against the accused persons.
In her ruling, she listed all the things the prosecution had claimed they would prove against the accused persons.
“However, eight witnesses later, his tune suddenly changed. The prosecution was no longer interested in prosecuting the case. They informed the court they had firm instructions not to proceed. As such, this court only relied on the testimony of eight witnesses,” the magistrate ruled.
Through lawyers Philip Nyachoti, Kioko Kilukumi and Katwa Kigen, the accused persons had asked the court in their submissions to acquit them of all the charges.
The magistrate ordered that, “the ruling shall be placed before the Attorney General and the National Council for Administrative Justice with a view of sparking a conversation on legal reforms on this issue.”
” In the meantime, all the accused persons herein are acquitted under section 210 of the CPC, ” CM Nyutu ruled.
The accused persons had been charged with conspiracy to defraud, willful failure to comply with laws relating to procurement, and financial misconduct.
