High Court clears DPP and prosecutors over collapse of Sh63 billion Arror and Kimwarer dams case

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Listen Justice Roselyn Aburili ruled that petitioners had failed to prove the DPP and two prosecutors acted unlawfully, negligently or in bad faith in the case that ended with former Treasury CS Henry Rotich's acquittal.

The High Court has dismissed a petition seeking to hold the Director of Public Prosecutions (DPP) and two prosecutors personally liable for the collapse of the Sh63 billion Arror and Kimwarer dams corruption case, ruling that there was no evidence of misconduct in their handling of the trial. Justice Roselyn Aburili ruled that Transparency International Kenya, Katiba Institute and two other petitioners had failed to prove that the prosecutors acted unlawfully, negligently or in bad faith in the case against former Treasury Cabinet Secretary Henry Rotich and eight others. The petitioners had accused the DPP and prosecution counsel Geoffrey Obiri and Oliver Mureithi of mishandling the high-profile case, arguing that their conduct contributed to the acquittal of the accused persons. More To Read EACC recommends prosecution of 43 suspects in major corruption, procurement and forgery cases Kisumu court jails family trio 10 years for Sh113 million money laundering, business fraud Court Stops Shanta gold from mining on private land without owners’ consent in Siaya Court dismisses petition accusing CS Wahome of graft over Sh120 million Karen mansion, Southlands project DPP asks Supreme Court to uphold 20-year jail term for former Venezuelan diplomat in Nairobi murder DPP approves murder charges against fifth suspect in Dr Victoria Mutiso case Rotich and eight others were acquitted by the Anti-Corruption Court on December 14, 2023, over charges linked to the controversial Sh63 billion dam projects. The petitioners argued that the prosecution’s failure to present sufficient evidence led to the collapse of the case, noting that only eight of the 49 witnesses lined up by the prosecution reportedly testified. However, in a judgment delivered virtually on Monday, November 9, 2026, Justice Aburili said the petitioners had not proved that the prosecutors deliberately failed to call witnesses or acted in bad faith. Latest Stories Faith Rono strikes gold as Wesley Kiplagat wins silver at Dakar Youth Olympics France accuses Iran's Revolutionary Guard of cyberattacks that hit hundreds of supermarkets, caused fires Kalonzo Musyoka: Between presidential ambition and political reality Missing Baringo businessman’s family wants IG Kanja and Murkomen to explain his whereabouts She also found that their decision to seek adjournments to obtain directions did not amount to unlawful conduct or negligence. “Having considered the petition, the response and arguments by the parties, the conclusion the court comes to is that the petitioners did not demonstrate that the respondents acted unlawfully, negligently or in bad faith while discharging their lawful duties that would have amounted to dereliction of duty to strip them of the immunity granted to them by law,” the judge ruled. Justice Aburili further observed that the two prosecution counsels had been compelled by the circumstances surrounding the proceedings to act as they did. She said there was no evidence that their conduct was influenced by nepotism, favouritism or other improper considerations, or that they had failed to discharge their duties objectively and impartially. The judge consequently found no grounds to lift the legal immunity enjoyed by the prosecutors under Section 15 of the relevant Act. The petitioners had sought to establish personal liability against the officials over their handling of the proceedings following the acquittal of Rotich and his co-accused in the multibillion-shilling scandal. The Arror and Kimwarer dam projects attracted public scrutiny after allegations of financial irregularities emerged during their implementation. Dismissing the petition, the court said the petitioners had failed to provide sufficient evidence to justify holding the DPP and the two prosecutors personally liable. “The petition therefore fails and is dismissed; there will be no order as to costs,” Justice Aburili ruled. Other Topics To Read Transparency International Kenya High Court ruling Arror and Kimwarer dams Sh63 billion corruption case Director of Public Prosecutions Henry Rotich

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