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Former Treasury CS Henry Rotich seeks Sh3 billion for ‘malicious’ prosecution

The ex-CS has accused the government of ruining his career prospects and causing emotional and health damage which harmed his family.

Ex-National Treasury Cabinet Secretary Henry Rotich is now seeking Sh3 billion compensation from the Kenyan government after he filed a suit following his prosecution over the failed Kimwarer and Arror dam projects.

In his suit, the former CS has accused the government of ruining his career prospects and causing emotional and health damage which harmed his family.

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.

The former CS has urged that the nineteen charges against him were based on fabricated evidence and lacked enough proof.

He urged that the Attorney General and the Director of Public Prosecution (DPP) ignore reports by the Auditor General that exonerated him from wrongdoing.

He claims that the Directorate of Criminal Investigations (DCI) pressured the then Principal Secretary now Central Bank of Kenya Governor Kamau Thugge to sign fabricated evidence for his dismissal charges.

“The 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,” his suit to the court reads in part.

The fifty-five-year-old claims that the DPP was part of a scheme to scapegoat him with other individuals involved in the scandal.

He 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.

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The ex-CS 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 stated.

Rotich has claimed that the performance of his son in school was also affected.

The former CS faced nineteen 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.

Rotich was charged alongside Kennedy Nyakundi, Jackson Njau, David Kipchumba, William Kipkemboi, Paul Kipkoech, Francis Chepkonga, Titus Muriithi, and Geoffrey Mwangi.

No evidence was presented despite a total of 41 witnesses being called.

He was later cleared by Eunice Nyutu who found insufficient evidence against him.

Rotich served under president Uhuru Kenyatta and when the dam scandal emerged, William Ruto who was the deputy president then said it was a political witch hunt adding that no money had been stolen.

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.

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