Ex-CS Rotich seeks Sh3bn compensation for ‘malicious prosecution’ over Kimwarer, Arror
Rotich, now engaged in farming and private business, claims the government’s decision to charge him ruined his career prospects.
Former Treasury Cabinet Secretary, Henry Rotich, has filed a lawsuit against the government, seeking nearly Sh3 billion in compensation following his prosecution in 2019 over the controversial Kimwarer and Arror dam projects.
Rotich, now engaged in farming and private business, claims the government’s decision to charge him ruined his career prospects, caused emotional and health damage, and harmed his family.
Rotich faced 19 charges, including conspiracy to defraud and violations of the Anti-corruption and Economic Crimes Act (ACECA), the Public Finance Management Act (PFMA), and the Insurance Act. He was charged alongside Kennedy Nyakundi, Jackson Njau, David Kipchumba, William Kipkemboi, Paul Kipkoech, Francis Chepkonga, Titus Muriithi, and Geoffrey Mwangi.
However, despite 41 witnesses being called, no evidence was presented.
In court documents, he argues that the charges were based on fabricated evidence and lack of credible proof. He notes that the Attorney General and the Director of Public Prosecutions (DPP) ignored critical reports from the Auditor General that exonerated him from wrongdoing.
According to Rotich, the Directorate of Criminal Investigations (DCI) was responsible for manufacturing evidence to support the case against him, and he accused the DCI of pressuring his former Principal Secretary, Kamau Thuge, to sign fabricated evidence in exchange for the dismissal of his charges.
“These charges were based on accusations made by the third defendant (DCI), which were based entirely false and initiated without evidence, as was ultimately proven when the charges were dismissed. I was acquitted on December 4, 2023. I have suffered due to malicious and baseless prosecution initiated against me by the defendants,” reads the documents.
Insufficient evidence
Rotich, who served as CS for National Treasury and Planning for two terms under former President Uhuru Kenyatta, was cleared by trial Magistrate Eunice Nyutu, who found insufficient evidence against him. He was also one of the CSs retained by Kenyatta during both terms.
When the dam scandal emerged, President William Ruto described the case as a political witch hunt, asserting that not a single shilling allocated to the project was stolen.
Rotich now claims the prosecution was part of a scheme to scapegoat him, with other individuals involved in the saga not facing charges. He singled out the then-Cabinet Secretary of the relevant ministry, alleging that the individual should have been held accountable.
The 55-year-old is now seeking compensation for the mental and emotional toll the prosecution took on him, noting that the ordeal caused him significant anxiety, sleepless nights, and stress. He described living in constant fear of imprisonment and damage to his reputation, which he says curtailed his political aspirations and led to his isolation from friends and colleagues.
“The ordeal of being wrongfully prosecuted has profoundly affected my mental and emotional well-being. I lived in constant fear of imprisonment and the destruction of my reputation. Sleepless nights and frequent anxiety attacks became part of my daily life, and I am still working to recover from their effects,” he said.
Rotich also claims that the prosecution negatively impacted his family. His eldest son’s school performance allegedly suffered due to the public humiliation, and he was forced to transfer his children to a new school.
The former CS also recounts an incident where his home in Eldoret was raided in connection with the allegations of a missing Sh63 billion, a claim that he says was later proven to be false. He also mentioned that his employee, Wilson Khisa, was wrongfully implicated in the raid and convicted, despite having worked for him without incident since 2014.
“Wilson has worked in my home since 2014 without any prior incidents of theft, making it evident that he was influenced by an accomplice who had been misled by the extensive media coverage surrounding my arraignment and the alleged missing funds,” he said.
Home robbed
Rotich notes that his parents were also targeted during this period. He said that in 2022, their home in Eldoret was robbed, with the assailants reportedly searching for money they believed Rotich was hiding. He has since sought justice for this attack, with the suspects facing charges in an ongoing case.
In his lawsuit, Rotich is seeking Sh850 million for the anguish, humiliation, and harassment his family endured. He also claims financial losses, including the impact on his career, which led to his loss of job opportunities, including some international positions. He is demanding Sh950 million in compensation for the damage to his professional life, citing his 25-year career as an economist that was significantly impacted by the charges.
Rotich also claims to have incurred substantial financial costs, including legal fees amounting to Sh50 million and lost earnings due to the damage to his reputation and business opportunities. He also seeks compensation for health issues he alleges were caused by the stress of the prosecution, amounting to Sh30 million.
The former CS is also asking for Sh900 million in exemplary damages to deter similar actions in the future, calling the prosecution "egregious" and "motivated by malice and ill-will."
He asserts that the prosecution was marked by negligence and a lack of evidence, with numerous witnesses failing to provide any substantial testimony.
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