Former Treasury CS Rotich sues government, demands Sh3 billion for 'ruining life'

When Henry Rotich, then National Treasury Cabinet Secretary displayed budget briefcase before presenting to parlaiment on June 13, 2019. [File, Standard] Former Treasury Cabinet Secretary Henry Kiplagat has sued the government, seeking close to Sh3 billion over his prosecution in 2019. The former minister, who claimed to be a farmer, said the State's decision to pursue him in the Kimwarer and Arror dams saga was malicious. He argued that it ruined his employment prospects and damaged his health and his family. For this, he wants the court to order for compensation. Rotich enjoyed the trappings of power from 2023 as he managed the country's purse. The niceties that come with being a powerful CS, a flag, a bodyguard, a chase car, and a litany of many others were part of daily life until 2019 when the Kimwarer and Arror Dam saga rocked the government. He was edged out by then-President Uhuru Kenyatta a day after he was charged. Today, he is in court demanding close to Sh3 billion for malicious prosecution. He narrates that the charges and the publicity ruined his life, diminished his prospects of getting consultancies and made his family a laughing stock. Rotich, 55, has sued the Attorney General (AG), the Director of Public Prosecutions (DPP), and the Directorate of Criminal Investigations (DCI) in court papers seen by The Sunday Standard. READ: Ex-Treasury CS Henry Rotich charged afresh in Sh63 billion dams scandal He explained that he is currently engaged in farming and a private business and is waiting to be redeployed after his acquittal. Before being appointed Cabinet Secretary for the National Treasury and Planning, Rotich worked as an economist in the Ministry of Finance, the International Monetary Fund resident representative office in Nairobi, and the Central Bank of Kenya. He narrated that the events that started on July 13, 2019, caused him immense emotional, financial and reputation damage. Rotich was charged with 19 counts, including conspiracy to defraud and violations of the Anti-corruption and Economic Crimes Act (ACECA), the Public Finance Management Act (PFMA) and the Insurance Act. "These charges were based on accusations made by the third defendant (DCI), which were based entirely false and initiated without evidence, as was ultimately proven when the charges were dismissed. I was acquitted on December 4, 2023. I have suffered due to malicious and baseless prosecution initiated against me by the defendants," said Rotich. According to him, the Attorney General and the Director of Public Prosecutions (DPP) ignored information that the Auditor General had presented regarding the financial and procurement operations for the Arror and Kimwarer dams. He claimed that the report had exonerated him from any adverse findings. The former CS claimed that the DCI fabricated the evidence to justify the claims and forced his former Principal Secretary Kamau Thuge, the current Central Bank Governor. He alleged that Kamau, initially charged over the same saga, was forced to sign the alleged fabricated evidence in exchange for their charges being dropped. Rotich claimed that he was a sacrificial land as there was a chain of other persons who were involved and who were not charged. He singled out the then-Cabinet Secretary of the line ministry, whom he claimed should have been held accountable. "The ordeal of being wrongfully prosecuted has profoundly affected my mental and emotional well-being. I lived in constant fear of imprisonment and the destruction of my reputation. Sleepless nights and frequent anxiety attacks became part of my daily life, and I am still working to recover from their effects," he said. He stated that the charges also curtailed his political ambitions, as his friends and acquittances allegedly distanced themselves from him. This, he alleged, left him feeling ostracised and humiliated. Rotich also alleged that his eldest son's performance in school declined as it was challenging to interact with peers. Former National Treasury Cabinet Secretary Henry Rotich follow proceedings on a case he was accused in at the Milimani Law Court on Aug 8, 2019. [File, Standard] He said he was forced to transfer his children to a new school to shield them from embarrassment. The former CS narrated that approximately four months after his arraignment, his home in Elgon View Estate in Eldoret was raided because it was suspected that he was hiding money. According to him, this was prompted by reports alleging a loss of Sh63 billion in the case. He stated that, following an investigation, his then-cook and gardener, Wilson Khisa, was allegedly found guilty of being an accomplice in the raid and subsequently convicted. "Wilson has worked in my home since 2014 without any prior incidents of theft, making it evident that he was influenced by an accomplice who had been misled by the extensive media coverage surrounding my arraignment and the alleged missing funds," he said. At the same time, the former CS said his parents were not spared either. According to him, on July 31, 2022, robbers raised his parents' home after failing to find money in the Eldoret residence. During the attack, he said, his brother, who was present, recounted that one of the robbers allegedly demanded a briefcase, which he claimed to have been brought to his parents' rural home. Rotich said that the robbery suspects were also charged before the Eldoret Magistrate's Court, and the case is ongoing. He, therefore, wants the court to award him Sh 850 million for the alleged mental anguish, humiliation, loss of dignity, and harassment endured by his family. At the same time, he alleged that the prosecution had caused him financial harm. Rotich narrated that he was put on half-pay, which made it difficult for him to support his family and pay for his children's education. He claimed that he hired his lawyer and paid him Sh50 million to represent him in a criminal case, an appeal, and another case before the Judicial Review Division of the High Court. He also claimed that his long-standing relationship with Standard Chartered Bank (Kenya) was terminated in 2019. He said he had established a relationship with the bank since 1993. He claimed he was forced to transfer his money to Kenya Commercial Bank and Equity Bank. He said he could no longer enjoy international banking and credit facilities to support farming. He sought Sh106 million for lost earnings, legal fees, business growth opportunities, and consultancy engagements. Rotich also said that the charges also took a health toll on him. He noted that health deterioration caused by the prosecution amounted to Sh30 million. The former CS is also seeking Sh950 million for the damage to his career. He claimed that he missed job opportunities, some international ones, owing to the charges. He argued that he had cultivated his career as an economist for 25 years. ALSO READ: I was sacrificed in the dams scandal, Rotich tells court "I firmly believe that the conduct of the prosecution was particularly egregious, malicious and marked with gross negligence. The decision to charge me with baseless allegations was motivated by malice and ill-will," he claimed. He said the trial was marred by drama. He was allegedly made to plead guilty three times as the charges were amended. He claimed that the prosecution failed to question 41 witnesses, including the investigations officer. "Witnesses merely took the stand, were sworn in, and the prosecution routinely informed the court the prosecution does not have questions for this witness. This behaviour demonstrated the second defendant's (DPP) evidence which was only motivated by malice and ill-will," claimed Rotich. The former CS also sought Sh900 million in exemplary or punitive damages to deter similar actions in the future. "The malicious prosecution has devastated every aspect of my life emotionally, professionally, physically, financially, and socially. I am seeking damages to compensate for these extensive and unjust harms and hold the defendants accountable for their malicious actions," he said. At the magistrate's court, Rotich was charged alongside Kennedy Nyakundi, Jackson Njau, David Kipchumba, William Kipkemboi, Paul Kipkoech, Francis Chepkonga, Titus Muriithi and Geoffrey Mwangi. However, 41 witnesses were called but never presented any evidence. In her ruling, acquitting the nine on December 14, 20, then Antic-corruption Court Magistrate Eunice Nyutu directed that her ruling be submitted to the Attorney General and the National Council on the Administration of Justice (NCAJ). She held that, like High Court Judge Nixon Sifuna, the ODPP officers should be personally liable for any damages awarded in cases filed by aggrieved persons against the government. Rotich had written to the AG demanding Sh2.9 billion compensation.

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