Human Rights Groups Push For Accountability In Arror & Kimwarer Dams Case

Following the acquittal of former Treasury CS Henry Rotich and nine others in the Ksh63 billion Arror and Kimwarer dams scandal, the Kenya Human Rights Commission (KHRC) and three other organizations have filed a lawsuit against the prosecutors they believe bungled the case.

The petition, filed at the Milimani High Court, targets prosecution counsel Geoffrey Obiri and Oliver Mureithi, accusing them of “reckless dereliction of duty” that led to the case’s collapse. The petitioners, which also include Transparency International, Katiba Institute, and Africa Center for Open Governance (Africog), seek several forms of accountability:

• Lifting of prosecutorial immunity: They want the court to remove the legal shield protecting Obiri and Mureithi, making them personally liable if the acquitted individuals choose to pursue damages for malicious prosecution.
• Fines against prosecutors and DPP: The petitioners request the court to impose fines on Obiri, Mureithi, and Director of Public Prosecutions Renson Ingonga to deter future negligence in prosecutorial duties and compensate the public for unnecessary costs stemming from the case’s mismanagement.
• Constitutional violation declaration: They petition the court to declare that the prosecutors violated several articles of the Kenyan Constitution through their actions, including articles relating to due process, legal representation, and public trust in the justice system.
• Barring prosecutors from holding public office: KHRC specifically demands that Obiri and Mureithi be prevented from holding future state positions due to their alleged misconduct.

This lawsuit reflects concerns about the handling of such a high-profile corruption case and aims to promote fairness and accountability within the Kenyan judicial system.