Former Treasury CS Henry Rotich Freed In Ksh.63B Arror And Kimwarer Dams Case
Henry Rotich, the ex-Treasury Cabinet Secretary, along with eight others accused, has been cleared and released following their acquittal in the Ksh.63 billion Arror and Kimwarer case.
In a decision made on Thursday, December 14, Magistrate Nyutu stated that the prosecution had not effectively presented their case.
Nyutu additionally mentioned that there was no presented proof in the court indicating that the ex-CS and eight other individuals neglected to adhere to procurement regulations in the Ksh.63B Arror and Kimwarer dams scenario.
Nevertheless, the court held the prosecution accountable for summoning only 8 witnesses instead of the planned 49 witnesses.
“This would appear to be a prosecution-led acquittal,” said Magistrate Nyutu.
“All the accused persons in this case are quite under 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 pleaded with the court to clear him of charges, contending that the idea of money being lost or stolen was entirely fabricated.
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Rotich contended that the prosecution’s case lacked substantiation due to the omission of some witnesses essential to the case.
He argued that the prosecution purposefully or consciously dropped its case.
Rotich, via lawyer Kioko Kilukumi, raised doubts about why the Asset Recovery Agency (ARA) has not been able to track any missing funds or enact a freeze on them.
Attorney Phillip Nyachoti argued that there was no testimony from any witness against the accused individuals, Kennedy Nyakudi and Jackson Kinyanjui.
“Given the above, we humbly submit that all the charges leveled against the 2 and 3 accused persons as per the amended charge sheet are untenable in light of the evidence before the court,” the court was told.
David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi, and Geoffrey Mwangi Wahungu faced allegations in the corruption lawsuit.
Former Treasury CS Henry Rotich Freed In Ksh.63B Arror And Kimwarer Dams Case