The Kenya Human Rights Commission (KHRC) has sued prosecutors over mishandling the Sh63 billion Arror and Kimwarer dams case, accusing Geoffrey Obiri and Oliver Mureithi of misconduct.
KHRC alleges that the prosecutors failed in their duty by not calling witnesses, leading to the acquittal of nine accused individuals.
Last year, an anti-corruption court acquitted former Treasury Cabinet Secretary Henry Rotich and eight co-defendants due to prosecution shortcomings. The court criticized the presentation of only eight out of 49 witnesses, with 41 testimonies left unchallenged.
This led to accusations of a deliberate strategy for acquittal. KHRC, along with Transparency International, Katiba Institute, and Africa Center for Open Governance (Africog), filed a lawsuit seeking accountability from the prosecutors.
They requested the court to lift the prosecutors’ immunity and hold them personally liable for potential damages from malicious prosecution claims.
The urgency is highlighted due to fears of additional losses from potential damages paid from the public purse, already drained by the Sh63 billion loss.
The petition also aims to prevent public funds from compensating damages if the former suspects win their case. Moreover, the organizations urge the court to impose fines on the prosecutors to deter future negligence and protect the public from unnecessary costs.