Henry Rotich: Ex-Treasury CS Cleared In Ksh63 Billion Arror Kimwarer Scandal

A Nairobi anti-corruption court acquitted him on the Arror and Kimwarer dam graft case for lack of evidence, even though the taxpayer lost Ksh63 billion.

Marvin Chege Marvin Chege
Dec 14, 2023 - 12:07 Updated: Dec 14, 2023 - 12:34
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Henry Rotich: Ex-Treasury CS Cleared In Ksh63 Billion Arror Kimwarer Scandal
Former Treasury Cabinet Secretary Henry Rotich. /K24 DIGITAL

Former Treasury Cabinet Secretary Henry Rotich has been cleared of any wrongdoing in the Arror and Kimwarer Scandal.

A Nairobi anti-corruption court acquitted him on the Arror and Kimwarer dam graft case for lack of evidence, even though the taxpayer lost Ksh63 billion.

In her ruling, Milimani Magistrate Eunice Nyutu freed Rotich and his eight co-accused of all the 30 corruption charges after the prosecution failed to prove them.

"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.

Former Treasury Cabinet Secretary Henry Rotich. /FILE

The former CS alongside eight other individuals was arrested in July 2019 by the Directorate of Criminal Investigations (DCI) for embezzling funds that were meant for the two dams.

Rotich was arrested by Police after the then Director of Public Prosecutions (DPP) Noordin Haji ordered his arrest for flouting procurement laws and awarding the construction of the two dams to an Italian firm.

"It was established that the conception, procurement and payment process for the dam projects were riddled with massive illegalities," Haji stated at the time.

The former CS was charged with a total of 19 counts, including unlawfully executing loan agreements totalling £578,309,578 to finance the construction of the Arror and Kimwarer multipurpose dams.

One of the charges stated that Rotich used his office to improperly confer the benefit of contractual rights to the joint venture formed outside Kenya by two Italian suppliers- Cooperativa Muratori & Cementisti (CMC di Ravenna) and Itinera S.p.A.

There was drama during the trial as the prosecution declined to question 41 witnesses who testified in the case, with the magistrate calling out the prosecutors for their conduct.

On March 14, 2023, President William Ruto announced that the talks surrounding the construction of the Kimwarer, Arror and Itare dams in the North Rift Valley part of Kenya were revived following a meeting with President Sergio Mattarella of Italy at State House Nairobi.

The president also noted that the government would work with the government of Italy to resolve burning issues that had affected the progress of the projects.

The Head of State further noted that the two governments had agreed to facilitate the withdrawal of cases contesting the legality of the procurement process that emerged in the initial stages of the projects.

Former President Uhuru Kenyatta in September 2019 cancelled the Arror, Kimwarer and Itare dams project following an investigation that revealed that it was technically and financially unfeasible.

Past construction of Arror and Kimwarer dams project. /FILE

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