Non-governmental organizations, Transparency International, the Kenya Human Rights Commission (KHRC), Katiba Institute and Africa Center for Open Governance (Africog) filed a petition against prosecutors Geoffrey Obiri and Oliver Mureithi, accusing them of mishandling the Arror and Kimwarer dams case. The petitioners are specifically targeting the prosecutors for their perceived reckless disregard of duty.
In December, an anti-corruption court cleared former Treasury Cabinet Secretary Henry Rotich and eight others of fraud charges tied to these dams, whose cost reportedly inflated to 63 billion Kenyan shillings. The defendants were alleged to have unlawfully initiated and financed the dam projects, defrauding the government of an estimated USD 501,829,769. The court’s decision hinged on the prosecution’s poor handling of the case, such as the limited number of witnesses brought to testify and the absence of in-court interviews for a significant number of them.
Reacting to the verdict, the petitioners asked the court to remove prosecution immunity and make the prosecutors personally liable if those acquitted decided to sue for malicious prosecution. They pointed to violations of Article 157(10) of Kenya’s Constitution, which mandates questioning of witnesses, and the unlawful halt of investigations under Article 73(2). The petitioners also asserted the prosecutors’ actions were in bad faith and could make them personally liable under Section 5 of the Office of the Director of Public Prosecutions Act.
Quoting from the petition, it was stated: “Burdening the public with the loss of a prosecution worth Kshs 63 billion of public funds and payment of damages for malicious prosecution because of prosecution counsel’s reckless dereliction of duty violates Article 10 and 201 of the Constitution. Article 10 demands good governance while under Article 201(1) public money must be used in a prudent and responsible way.”
The prosecutors relieved several witnesses from duty, including former Cabinet Secretary CS Peter Munya. The magistrate in charge criticized repeated requests for adjournments awaiting a new DPP’s inauguration and subsequently refused to delay the case. The magistrate also expressed discontent over the instructions given to the prosecutors handling the case. In addition to Rotich, the case’s other defendants, all of whom were charged with abusing their office over dam construction, include Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu.
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