Former Treasury Cabinet Secretary Henry Rotich was on Thursday, July 15 handed a major victory in the Arror and Kimwarer dams scandal case. This was after a magistrate court dropped two charges against him.
The presiding judge, Magistrate Douglas Ogoti stated that the prosecution failed to demonstrate how the charges were linked to Rotich.
The judge argued that the charges labelled against Rotich lacked specificity as to the actual facts demonstrating what was offended under the ACECA (Ant-Corruption and Economic Crimes Act) and under Public Finance Management (PFMA) Act.
Rotich was initially facing 20 charges which means he would now have to battle 18 other charges in connection to tender fraud that emanated from the Arrow and Kimwarer dams.
Rotich who was replaced as Treasury CS in 2016 after he was sucked into the dams scandal following the alleged misuse of funds in the two dam projects overseen by Italian construction company CMC Di Ravenna, whose directors have been charged in absentia.
“The two charges complained of lack of specificity as to the actual facts demonstrating what was offended under the ACECA (Ant-Corruption and Economic Crimes Act) and under Public Finance Management (PFMA) Act and the same are rejected,” Magistrate Ogoti ruled.
This major win for Rotich came just months after Director of Public Prosecution Noordin Haji decided to charge him afresh.
The move saw some of the accused persons including former Treasury Principal Secretary Kamau Thugge turned to state witnesses who are set to testify against Rotich.
He was left facing charges of conspiring to defraud the state together with Kerio Valley Development Authority (KVDA) boss David Kimosop, former Chief Economist Kennedy Nyakundi, Jackson Kinyanjui and Titus Muriithi.
Apart from conspiracy to defraud the state, other charges included; abuse of office, engaging in projects without prior planning, failing to comply with laws on managing public funds and financial misconduct.
