Why ex-Treasury CS Henry Rotich wants to be acquitted in Sh63b dam case

Former Treasury CS Henry Rotich. [File, Standard]

Former Treasury CS Henry Rotich has said he has no case to answer in the Sh63 billion Arror and Kimwarer dams scandal.

Rotich, through senior counsel Kioko Kilukumi, said the Director of Public Prosecution (DPP) failed to make a case against him in any of the 19 charges he was facing.

“Out of the 49 prosecution witnesses, only eight witnesses testified,” Kilukumi said.

According to the lawyer, the case against Rotich amounted to a waste of judicial time since 2019 when they were charged.

“It cannot be acceptable that the DPP can be permitted to call witnesses with no intention of leading their evidence. He had the option of either withdrawing the prosecution or closing its case."

Rotich was charged alongside former Kerio Valley Development Authority (KVDA) managing director David Kimosop with conspiracy to defraud the government of Sh63 billion for the construction of the Arror and Kimwarer dams in Elgeyo Marakwet county.

On allegations that the former CS entered the contract without prior planning, Kilukumi said Rotich had no role to play in the procurement process as that was done by the procuring entity.

According to the lawyer, Rotich has had a long career in the civil service spanning 25 years and has never committed any crime. Kilukumi claimed that the charges against Rotich were ill-advised.

Others accused are former chief economist Kennedy Nyakundi, former National Environment Management Authority managing director Geoffrey Wahungu and KVDA officials Jackson Kinyanjui, William Kipkemboi, Paul Kipkoech, Francis Chepkonga and Titus Muriithi.

Anti-corruption magistrate Kagure Nyutu said she will rule on December 14 whether the accused persons have a case to answer.