Former National Treasury Cabinet Secretary (CS) Henry Rotich and eight other co-accused persons are free after an acquittal in the Kes 63 billion Arror and Kimwarer dam case.
Magistrate Nyutu, in her ruling on Thursday, said the prosecution had failed to lead the case.
Further, she said no evidence was tabled in court to show that the former CS and eight others failed to follow procurement laws in the Kes 63 billion Arror and Kimwarer dams case.
However, the court blamed the prosecution for leading eight out of the 49 witnesses they intended to call.
"This would appear to be a prosecution led acquittal. All the accused persons in this case are whereby a quite sunder section 201 due to lack of evidence as a result of the reckless dereliction of duty by the prosecution," she ruled.
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Speaking after his acquittal, Rotich stated, "I think the devil has been ashamed and I believe he will permanently be ashamed for those skimmed this evil work....I will give a more detailed reaction.”
On November 20, Rotich requested an acquittal from the court, arguing that the story about the lost or stolen money was untrue.
Rotich contended that the prosecution had failed to present sufficient evidence by not calling every witness in the case.
The graft case also included charges against Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William KiPkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Murithi, and Geoffrey Mwangi Wahungu.
