Government prosecutors sued over the acquittal of Former Treasury CS Rotich
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Four lobby goups sues government prosecutors over the acquittal of Former Treasury CS Rotich in flopped Ksh 63B Arror-Kimwarer case
Four lobby goups sues government prosecutors over the acquittal of Former Treasury CS Rotich in flopped Ksh 63B Arror-Kimwarer case.
Four lobby groups have moved to court to have two public prosecutors held responsible for the alleged mishandling of the Ksh63 billion Arror and Kimwarer case.
The two prosecutors are accused of botching the case that resulted in the acquittal of former Treasury Cabinet Secretary Henry Rotich, according to a petition brought before the High Court of Nairobi by civil society organizations headed by the Kenya Human Rights Commission.
The lobby groups are seeking to have the prosecutors personally held responsible for the case as they maintain that billions were lost in the dam project
The groups cited instances where the prosecution failed to avail enough witnesses to testify against the former CS and the co-accused persons.
“By failing to call witnesses, in the Ksh63 billion Arror and Kimwarer dams case, because of “firm instructions not to proceed with the case” the Respondents violated Article 157(10). Article 157(10) forbids the DPP from being under the control of direction or control of any person or authority in the exercise of prosecutorial powers or functions.
“By the same token, the Respondents violated Article 73(2) requiring objectivity and impartiality in decision-making, barring decisions influenced by nepotism, favouritism, other improper motives or corrupt practices. Similarly, the DPP’s decision to halt the prosecution because of instructions from third parties violated Article 249 on the independence of the independent officeholders,” read the petition in part.
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The four civil groups also acknowledged that Rotich could sue the state following his acquittal, a move that would cost the taxpayers.
Consequently, the groups are seeking to have the Court direct that the prosecutors should be the ones to pay for damages should the former CS sue the government.
“Petitioners sue to lift the immunity of the prosecution counsel and to hold them personally liable if the accused persons sue for malicious prosecution.
“Although the public has already lost Kshs 63 billion, it could lose more if, despite this petition, the accused persons sue and are paid damages for malicious prosecution from the public purse,” read the petition in part.
The petition by the lobby groups comes barely two weeks after Rotich was acquitted by Magistrate Eunice Nyutu.
According to the magistrate, the prosecution did not table enough evidence to prove its case.
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