Four non-governmental organizations, namely the Kenya Human Rights Commission (KHRC), Transparency International, Katiba Institute, and Africa Center for Open Governance (Africog), have filed a lawsuit against the Office of the Directorate of Public Prosecution (ODPP) concerning its alleged mishandling of the KES 63 billion Arror and Kimwarer dam scandal.
The organizations seek the revocation of ODPP’s immunity, aiming to bring charges against state attorneys Geoffrey Obiri and Oliver Mureithi. The claim asserts that the attorneys failed in their duties during the trial of individuals associated with the scandal, leading to the acquittal of former Treasury CS Henry Rotich and others due to insufficient witnesses called by the prosecution.
The organizations contend that the prosecution team, including Geoffrey Obiri, Oliver Mureithi, and DPP Renson Ingonga, breached the Constitution by not acting independently during the trial and through a “recklessly dereliction of duty.”
The petition requests a declaration that the prosecution’s actions constituted a careless and non-benevolent breach of duty, preventing immunity under Section 5 of the ODPP Act, 2013. Additionally, they seek an order that any finding of constitutional violation be considered if Obiri and Mureithi pursue state office.
Furthermore, the organizations aim to prevent the use of taxpayer funds for damages in case the cleared co-accused individuals, including Rotich, succeed in their wrongful prosecution lawsuit. They urge the court to penalize the prosecutors for their “neglect of prosecutorial duty” to serve as a deterrent.
In response, DPP Renson Mulele, through his legal representatives, challenges the petition, asserting that his office cannot be directed on how to perform its duties.
On December 14, 2023, Magistrate Eunice Nyutu cleared the accused, citing the prosecution’s failure to prove its case and criticizing the calling of only 8 witnesses out of the initially planned 49 in the Sh63 billion Arror and Kimwarer dams scandal.
