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Prosecution blunder hands Ex-CS Rotich acquittal in Sh63B Arror & Kimwarer case

Former Treasury CS Henry Rotich rejoices after being acquitted in Sh63 billion Arror & Kimwarer

Former CS Henry Rotich leaves the court

In a significant turn of events, the Nairobi anti-corruption court has delivered a major victory for former Treasury Cabinet Secretary Henry Rotich.

The court acquitted Rotich and his eight co-accused in the Sh63 billion Arror and Kimwarer dam graft case, citing a lack of evidence.

Milimani Magistrate Eunice Nyutu, presiding over the case said that the decision acquit the suspects came as a result of the prosecution's failure to substantiate the allegations brought against the defendants.

The magistrate also criticised the prosecution for failing to question 41 witnesses who testified in the case.

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“All the accused persons in this case are hereby 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,” the magistrate said.

Rotich was a visibly happy man as he left the court following the acquittal and declined media interviews saying, “Let me rest first.”

The case involved allegations of irregularities in the tendering, procurement, and financing of the two dam projects.

Several officials and companies were charged, with abuse of office, conspiracy to defraud, and misuse of public funds.

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The Arror and Kimwarer dams had been commissioned, and substantial funds were disbursed, but there was little to show for the projects on the ground.

The tendering process for the dams was reported to be riddled with irregularities, and the projects were deemed vulnerable to abuse, with concerns raised about the value for money.

The tendering process for the Arror and Kimwarer dams in Kenya was marred by several irregularities.

According to the Office of the Director of Public Prosecutions (ODPP), the tendering process for the two dams was riddled with irregularities.

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An affidavit sworn in February 2020 on behalf of the DPP stated that the Kimwarer project had not been approved by the Cabinet as required by the 2013 Public Private Partnership Act.

Additionally, there were allegations of conflict of interest, abuse of office, and negligence of duty, with claims that officials involved pocketed bribes, although they were not formally accused of this.

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