Former Treasury Cabinet Secretary Henry Rotich and eight other co-accused persons are now free after an acquittal in the Ksh.63 billion Arror and Kimwarer.
In a Thursday, December 14 ruling, Magistrate Nyutu said the prosecution had failed to lead the case.
Nyutu further stated that there was no evidence tabled in court to show that the former CS and eight others failed to follow procurement laws in the Ksh.63B Arror and Kimwarer dams case.
However, the court blamed the prosecution for leading 8 witnesses only out of the 49 witnesses they had intended 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 asked the court to acquit him, saying that the narrative that money was lost or stolen was a fiction.
Rotich argued that the prosecution failed to prove its case by failing to call all its witnesses in the case.
The prosecution intentionally or deliberately abandoned its case,” he submitted
Through lawyer Kioko Kilukumi, Rotich questioned why the Asset Recovery Agency (ARA) has never traced any money lost or even frozen it.
Lawyer Phillip Nyachoti submitted that no witness gave any testimony against accused persons Kennedy Nyakudi and Jackson Kinyanjui.
“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.
David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi and Geoffrey Mwangi Wahungu had also been charged in the graft case.
