Is Rotich’s Acquittal Likely in Arror and Kimwarer Sh63bn Dam Scam Case?
In the Sh63 billion Arror and Kimwarer dam scandal, there are indications that former Finance CS Henry Rotich may be freed.
State Prosecutor Oliver Mureithi disclosed in open court that he will assess the evidence and charges following Renson Mulele lgonga’s vetting as new Director of Public Prosecutions (DPP).
Milimani Anti-Corruption Chief Magistrate Eunice Nyutu was informed that “soon after the new DPP Renson lgonga officially assumes office, a review of the case and new directions will be given in the Sh63 billion graft case against Rotich and others”.
Former Agriculture CS Peter Munya, the whistleblower in the monumental fraud case, was scheduled to testify when the news broke.
Mureithi told the magistrate, “The matter is scheduled for a further hearing, and I have been instructed to seek an adjournment so that the new DPP can give us instructions on how to proceed, as he will need time to consider the charges against Rotich and eight others before the case can proceed to a further hearing.”
He requested that the trial be postponed until mid-September 2023 so that his new supervisor could become acquainted with the case, examine it, evaluate the current charges, and provide new instructions before the trial resumes.
ALSO READ: Former CS Peter Munya Dropped As Witness In Arror And Kimwarer Scandal
The defense team headed by Katwa Kigen did not oppose the prosecution’s request for a postponement but noted that the case against Rotich and his co-defendants was brought to court with an ulterior motive because the State was unable to call witnesses.
Since the prosecution had not filed a formal application for an adjournment, the magistrate denied the request, compelling him to summon the witnesses to the dock to continue.
Mureithi informed the court that several witnesses, including former Agriculture CS Peter Munya, former Attorney General Githu Muigai, and Auditor General Edward Ouko, were absent.
The judge questioned why the prosecutor had not organized his office since November of last year when the trial dates were set. She instructed the next witness, Mr. Munya, to take the stand and continue.
The former cabinet secretary, who was compelled to testify in the Sh63 billion Arror and Kimwarer dam scam case, departed the courtroom without uttering a word about the dam scandals. The new development occurred after the DPP failed to interrogate whistleblower Mr. Munya.
Oliver Muriethi, the state prosecutor, said to Ms. Nyutu, “I have no questions for former Agriculture CS Munya in this matter.” After compelling the prosecutor to lead Mr. Munya to depose against Mr. Rotich and seven others in the multibillion-dollar dams scandal, the judge reached this conclusion.
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Mr. Munya was arrested on Tuesday, August 29, 2023, after failing to appear in court to testify in the case.
Mr. Munya apologized to the magistrate for his tardiness, explaining that he had not received a court summons.
“I was not summoned to appear in this matter. Mr. Munya told Ms. Nyutu, “I have always been willing to testify in court, and I have never failed to do so in this matter.”
Mr. Rotich and his co-accused, Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maim, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi, and Geoffrey Mwangi Wahungu, are accused of abuse of office about the construction of the Arror and Kimwaer dams.
The nine are accused of conspiring to defraud the Kenyan government of $501,829,769 by fraudulently entering into a contract, financing, and insurance agreement for the construction of the Arror and Kimwarer Multipurpose Dams.
They are charged with 29 counts of entering into an unplanned project, willful failure to comply with procurement laws, abuse of office, and financial malfeasance.
Is Rotich’s Acquittal Likely in Arror and Kimwarer Sh63bn Dam Scam Case?