Former Treasury Cabinet Secretary Henry Rotich and eight other co-accused were acquitted in the Ksh.63 billion Arror and Kimwarer case.

Magistrate Nyutu ruled on Thursday, December 14, that the prosecution had failed to lead the case.

Nyutu further noted that no proof was presented in court to demonstrate that the former CS and eight others violated procurement regulations in the Ksh.63B Arror and Kimwarer dams case.

The prosecution, on the other hand, was criticized by the court for only calling 8 witnesses out of the 49 they planned to call.

“This would appear to be a prosecution led acquittal,” said Magistrate Nyutu.

“All the accused persons in this case are whereby a quite sunder section 201 due to lack of evidence as a result of the reckless dereliction of duty by the prosecution,” she ruled. 

Speaking to the press after acquittal, an elated Rotich stated “I think the devil has been ashamed and I believe he will permanently be ashamed for those skimmed this evil work….I will give a more detailed reaction.”

On November 20, Rotich requested an acquittal from the court, arguing that the story about the money being lost or stolen was untrue.

Rotich said that by not calling every witness in the case, the prosecution had failed to provide sufficient evidence.

He said, “The prosecution purposefully or intentionally dropped its case.”

Rotich questioned why the Asset Recovery Agency (ARA) had never frozen or even located any misplaced money through attorney Kioko Kilukumi.

Attorney Phillip Nyachoti said that no witness testified against Kennedy Nyakudi and Jackson Kinyanjui, the defendants.

“In view of the above we humble submit that all the charged leveled against the 2 and 3 accused person as per the amended charge sheet are untenable in light of the evidence before the court,” court was told.

In the corruption case, charges had also been brought against David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi, and Geoffrey Mwangi Wahungu.