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Former Treasury CS Henry Rotich now says ‘the devil has been ashamed’ after he was freed by the court over the Ksh63 billion Arror and Kimwarer dams case.

An elated Rotich who spoke to journalists outside Milimani Anti-Corruption Court after he was freed, said that those who skimmed his prosecution without any evidence have been ashamed.

“I think the devil has been ashamed and will remain permanently ashamed for those who skimmed this evil work,” Rotich said.

“You have heard the decision, you have heard of the famous proverb that says no poison can go where there is no blood. So there was no blood spilt and there was no amount of lies, poison or anything that could suffice,” he added.

Upon acquittal, Rotich was overcome by emotions of joy but eventually thanked the court for exercising its jurisdictions judiciously

“I thank God that justice has been done and l have been vindicated,” former CS Rotich said.

Today’s decision is the third corruption case against high-ranking government officers to be acquitted under section 201 of the CPC by the Anti-Corruption Court.

In her ruling, Magistrate Nyutu acquitted Rotich and his eight co-accused persons saying that there was no evidence placed before the court to show the accused persons had the sole aim of defrauding the government of Ksh 63 billion in the project for the construction of Arrow and Kimwarer dams.

Nyutu also said that there was no evidence to show that Rotich and eight others failed to follow procurement laws in the Arror and Kimwarer Dams.

“On the charge of financial misconduct against former CS Rotich, no evidence was adduced to show that there was a payment of Euros 75,423,148.38 in respect of Kimwaer multi-purpose dam and Euros 93750714.96. in respect of Arror multi-purpose dam project or that the same was made without lawful authority if at all, ” Nyutu said

On the charge of abuse of office facing Rotich, the magistrate said that there was no evidence adduced to show that he created an obligation against the government of Kenya by unlawfully executing an agreement for Euros 258,688,881 in respect of the Kimwarer multi-purpose dam.

She also found for the charge of conspiracy that there was no evidence to show that there was a meeting of minds held between the accused persons in resolving to defraud the government of Kenya Ksh 63 billion over the construction of the two dams.

On the charge of willful failure to comply with applicable law relating to public procurement facing Rotich, former Managing Director of Kerio Valley Development Authority (KVDA) David Kimosop, Kennedy Nyakundi and Jackson Njau Kinyanjui the court said the letter of award for Arrow dam dated December 4, 2015, and Kimwarer dam date February 1, 2016, showed that the party awarded was CMC Di Ravena.

“No evidence has been adduced to prove that CMC Di Ravena and CMC Di Ravenna joint venture are two distinct entities, and I also find no evidence has been adduced to show that section 66 of the public procurement act was not complied with,” Nyutu ruled.

In the case, former CS finance Rotich is charged alongside his co-accused persons namely Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu are charged with abuse of office over the construction of Arror and Kimwarer dams.

The nine are accused of conspiracy to defraud the government of Kenya USD 501,829,769 by unlawfully initiating and entering into contraction, financing and insurance agreement for the development of Arror and Kimwarer Multi-purpose dams.

They faced 30 charges of engaging in a project without prior planning, willful failure to comply with procurement laws, Abuse of office and committing an offence of financial misconduct.