Nairobi — The Kenya Human Rights Commission (KHRC) has sued prosecutors in the bungled Sh63 billion Arror and Kimwarer dams' case.
The human rights body accused Geoffery Obiri and Oliver Mureithi of mishandling the case and prosecutorial misconduct.
"This case seeks accountability for the reckless dereliction of duty by prosecution counsel in the Sh63 billion Arror and Kimwerer dams case. The counsel failed to call witnesses citing firm instructions not to proceed with the matter. The court acquitted the nine accused persons but called for accountability of the prosecution counsel for prosecutorial misconduct," KHRC stated in its suit papers.
Last years, an anti-corruption court acquitted former Treasury Cabinet Secretary Henry Rotich and eight co-defendants of fraud-related charges linked to the troubled construction of two dams.
The court criticized the prosecution's handling, noting a lack of diligence. Only eight out of 49 witnesses were presented, with 41 testimonies going unchallenged, suggesting a possible strategy for a prosecution-led acquittal.
The court condemned the prosecution's approach as destined for failure, characterized by a reckless dereliction of duty from the beginning. Obiri and Mureithi were prosecutors in this case.
As a result, on December 29, KHRC and three other organizations filed a lawsuit seeking accountability for the reckless dereliction of duty by the prosecution advocates. Transparency International, Katiba Institute, and Africa Center for Open Governance (Africog) joined KHRC in the case.
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In the petition, the organizations asked the court to lift the immunity of the prosecutorial counsel and hold them personally liable if the former accused persons pursue damages for malicious prosecution. The urgency is emphasized, fearing additional losses from potential damages paid from the public purse, already depleted by the Sh63 billion loss.
Apart from Obiri and Mureithi, the Director of Public Prosecution, Renson Ingonga, was also sued, with the Law Society of Kenya serving as an interested party.
The petition also seeks to prevent government officials from using public funds to compensate damages if Rotich or the other former suspects win their case for wrongful prosecution. The argument is straightforward: there is uncertainty regarding the responsible parties returning public money in case of a favorable ruling for the former accused.
Additionally, the organizations are urging the court to impose fines on Obiri, Mureithi, and Ingonga to discourage future neglect of prosecutorial duty, protecting the public from unnecessary costs resulting from the accused's actions.
