Former Treasury Cabinet Secretary Henry Rotich was on Thursday acquitted in the Arror and Kimwarer dams scandal.
During the ruling, it was determined that the former CS did not have a case to answer despite the taxpayer losing Ksh63 billion.
“All the accused persons in this case are hereby acquitted under section 210 due to lack of evidence as a result of the reckless dereliction of duty by the prosecution,” the ruling read in part.
The cabinet secretary, alongside eight other individuals, was arrested in July 2019 by the Directorate of Criminal Investigations, who accused them of embezzling funds meant for the construction of the two dams.
Former DCI boss George Kinoti during a presser on September 4, 2022
Haji further accused the suspects of flouting procurement laws and awarding the construction of the two dams to an Italian firm.
According to the ex-DPP currently serving as Director General of the National Intelligence Service, the Italian firm was paid more money than what was initially required.
“It was established that the conception, procurement and payment process for the dam projects were riddled with massive illegalities,” Noordin stated then.
Among other charges levelled against the former Treasury boss was conspiracy to defraud contrary to section 317 of the Penal Code, Cap 63 Laws of Kenya.
He was also alleged to have willingly failed to comply with applicable procedures and guidelines relating to procurement contrary to section 45 (2) (b) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
While justifying Rotich’s arrest, Haji noted that the whole process, from conception and payment processes, was marred with illegalities.
“On September 18, 2018, DCI received complaints on operations at 2 dam projects –Arror and Kimwarer. Investigations revealed that the conception, procurement and payment processes were riddled with massive illegalities.
“Public corruption is a blatant abuse of power. Our message to every law-abiding Kenyan is that we are going to stand by you,” Haji spoke.
Former DPP Noordin Haji Speaks to editors during a conference at Serena Hotel in Mombasa.