Former Treasury Cabinet Secretary Henry Rotich tastes sweet freedom as more corruption cases collapse
Former Treasury Cabinet Secretary Henry Rotich at Milimani Law Court, Nairobi on December 14, 2023 when he was acquitted in the Sh63 Billion Arror-Kimwarer dam scandal. PHOTO | DENNIS ONSONGO | NMG
"I think the devil has been ashamed and I believe he will permanently be ashamed for those who schemed this evil work,” former Treasury Cabinet Secretary Henry Rotich said on Thursday.
These were Mr Rotich’s words hours after Magistrate Eunice Nyutu cleared Mr Rotich and eight others of any wrongdoing in the multi-billion shilling scandal in the construction of the infamous Arror and Kimwarer dams.
Mr Rotich had since 2019 grown used to court corridors as he battled allegations over the Sh63 billion project that was to be undertaken in Elgeyo-Marakwet County.
He had been charged with 19 counts that included abuse of office, conspiracy to commit an economic crime, conferring a benefit and single sourcing for the insurance of the projects, and approving payment contrary to the law.
Mr Rotich, then CS for the National Treasury, was suspended in July 2019 alongside his then Principal Secretary Kamau Thugge in the wake of the corruption allegations.
On Thursday last week, the magistrate ruled that Mr Rotich and the eight had no case to answer after the prosecution failed to table sufficient evidence to put the accused on their defence.
"On the charge of financial misconduct against former CS Rotich, no evidence was adduced to show that there was a payment of Euros 75,423,148.38 in respect of Kimwarer multi-purpose dam and Euros 93,750,714.96 in respect of Arror multipurpose dam project or that the same was made without lawful authority if at all," the magistrate ruled.
The ruling turned the spotlight on State prosecution of top officials in graft cases amid accusations of political witch-hunt, as Mr Rotich celebrated being freed from a nightmare that had forced him from the Treasury.
Closure of the files could not have come at a better time for the soft-spoken Rotich who during his tenure was seen by many journalists as an accessible CS who was always ready to answer hard-hitting questions.
Dr Thugge is now the Central Bank of Kenya (CBK) governor.
As Dr Thugge sits at the helm of the country’s banking regulator, his former boss has been battling to clear his name and like any other ambitious man who has held top positions in the government, makes a comeback.
Mr Rotich had been used to being in the spotlight when the former Jubilee administration rode to power in 2013 and, to many, he was the man synonymous with the Eurobond when Kenya made its debut in the sovereign bond market in 2014.
In the hours that followed his acquittal last week, Mr Rotich remained coy on his plans going ahead, only saying that he would address journalists later.
“You have heard of the famous proverb that says no poison can go where there is no blood. So there was no blood spilt and there was no amount of lies, poison or anything that could suffice," he added.
Last week’s ruling came nearly a year after Mr Rotich unsuccessfully asked an anti-corruption court to acquit him, saying no money was lost in the financing and development of the Arror and Kimwarer dams project.
Mr Rotich had further questioned the decision by the prosecution not to charge former Environment and Regional Development Authorities Cabinet Secretary Judi Wakhungu and experts from the ministry.
He said he signed the agreements at the tail end as part of his statutory responsibilities, adding he was not the accounting officer and did not have authority over the procuring entity— the Kerio Valley Development Authority — or played any role in the procurement.
Just like his former PS who is now enjoying the trappings of power at the CBK, Mr Rotich now has a chance to start all over again and concentrate on his journey.
He has a Master’s degree in Public Administration from the Harvard Kennedy School. He also holds MA and BA degrees in Economics from the University of Nairobi.
Between 2001 and 2004, he worked as an economist attached to the International Monetary Fund office in Nairobi, before joining the CBK where he had a 12-year stint.
He left to head the macroeconomics department at Treasury where he stayed for seven years before he was tapped by the previous regime to become the Treasury CS.
