Ex-CS Henry Rotich seeks acquittal in Ksh.63B Arror and Kimwarer dams case

He says that the prosecution has failed to prove its case on grounds that the prosecution abandoned to call all its witnesses in the case.

“The prosecution intentionally or deliberately abandoned its case,” he says. 

In his submissions, Rotich argues that he has had a long career as a public servant spanning over 25 years rising through the ranks to become the first cabinet secretary for the National Treasury under the new constitution, "propelled by integrity, honesty and hard work.

He further submits that he has never committed any offence and is not a person who would commit the awful crimes alleged by the prosecution. 

"We urge the court to acquit the 1st accused person as well as all the other accused persons under Section 210 of the Criminal Procedure Code,” he argues.

Through lawyer Kioko Kilukumi, Rotich questions why the Asset Recovery Agency (ARA) has never traced any money lost or even frozen it.

“If indeed money was lost as the public was led to believe how come the ARA has not been able to trace any stolen loot and freeze it," he asks.

Rotich further claims that he was acting in accordance with the law and following the advice of the principal legal advisor to the government of Kenya, hence cannot be accused of impropriety.

A ruling of the matter will be made on December 14, 2023

On Monday, September 25, four witnesses from Kerio Valley Development Authority (KVDA) were available to testify against the accused persons but when put in the witness dock the prosecution said that they had no questions.

On Tuesday, September 26, two witnesses were present and again the prosecution said that they had no questions. This prompted Magistrate Eunice Nyutu to adjourn the matter to next week. 

In the case Rotich, alongside Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi and Geoffrey Mwangi Wahungu have been charged over the Ksh.63 billion graft case. 

So far 26 witnesses have been called to testify against the accused with the prosecution failing to lead testimonies of 15 witnesses. 

Former Agriculture CS Peter Munya is among the witnesses who failed to testify.