It is a huge win for former Treasury CS Henry Rotich after the Nairobi anti-corruption court acquitted him on Ksh 63 billion Arror and Kimwarer multipurpose dam scandal citing lack of evidence from the Office of the Directorate of Public Prosecutions.
Milimani Anti-Corruption Magistrate Eunice Nyutu freed Rotich and his eight co-accused of all the 30 corruption charges after the prosecution failed to prove their case to warrant putting the accused persons on their defense.
“All the accused persons in this case are thereby acquitted under section 210 of the Criminal Procedure Code due to lack of evidence as a result of the reckless dereliction of duty by the prosecution, “ruled the Magistrate.
While acquitting Rotich, the magistrate faulted and lectured the prosecution over how they handled the case saying it appeared “to be a well-choreographed acquittal” as they availed 49 witnesses and only led eight witnesses in evidence.
The magistrate noted that 41 witnesses including former Agriculture CS Peter Munya were available in court by the DCI but the prosecution declined to lead them in court.
Nyutu wondered why at the beginning of the case the prosecution had informed the court that they had watertight evidence to show that the accused persons did not only steal Ksh 63 billion in scandal but more than Ksh 80 billion were indeed stolen from public coffers.
According to the Magistrate, the Prosecution had informed the court that indeed they would prove that Rotich and his co-accused persons abused their offices believing that they would never leave power.
“I do not understand how the prosecution’s tone to avail the said evidence changed immediately after the eighth witness testified and approached the court saying they had instructions to withdraw the entire case against the accused persons. It is my view the Prosecution acted malicious because at the time of charging it is believed they had sufficient evidence to prosecute their case to conclusion,” Nyutu said.
