Human Rights Groups Demand Fresh Charges In Arror And Kimwarer Scandal After Acquittal

Human Rights Groups are urging the Director of Public Prosecutions (DPP), Renson Ingonga, to open new charges in Arror and Kimwarer dam scandal.

This follows the recent acquittal of former Treasury Cabinet Secretary Henry Rotich and eight others.

The groups, including the Kenya Human Rights Commission and Transparency International Kenya, expressed deep concern over the handling of the case, calling for a redirection towards the foundational principles of justice and constitutionalism.

The court’s decision on December 14 to acquit the defendants of fraud-related charges amounting to Sh63 billion raised eyebrows, especially as only eight out of 49 witnesses were called to testify, leaving 41 unexamined.

The court criticized the prosecution’s approach, labeling it a “reckless dereliction of duty” and suggesting a politically motivated failure.

In a joint statement, the Kenya Human Rights Commission and Transparency International Kenya highlighted their observations, stating: “The collapse of the Arror and Kimwarer case confirms the ODPP is politically captured and part of a conspiracy to defeat justice.” They further expressed concerns about the consistent mishandling of high-level criminal cases with political connections by the Office of the Director of Public Prosecutions (ODPP).

The lobby groups pointed out that the trial faced continuous frustration, with both Magistrate Eunice Nyutu and High Court Judge Nixon Sifuna openly criticizing the prosecutors, Geoffery Obiri and Oliver Mureithi. T

hey accused the prosecution of orchestrating “prosecution-assisted acquittals,” where the prosecution outdid the defense counsel in securing the release of the suspects.

The Human Rights Groups argued that the incompetence and manipulation displayed in not examining 41 witnesses with potential credible evidence indicate a severe failure in the prosecution’s duty. They called for the removal of the prosecutor who led the case from any prosecutorial role through legal means.

In addition, the groups insisted that Henry Rotich and the eight other suspects involved in the Arror and Kimwarer dam case should be barred from public office appointments, emphasizing the need for accountability and the prevention of future misuse of public resources.