Former Treasury Cabinet Secretary Henry Rotich has filed a lawsuit against the government, demanding nearly Sh3 billion in compensation over what he calls a malicious prosecution that derailed his career, destroyed his reputation, and harmed his family.
Rotich, who was acquitted in December 2023 after being charged in connection with the Kimwarer and Arror dams scandal, claims his wrongful prosecution caused him immense emotional, financial, and professional harm.
He has sued the Attorney General (AG), the Director of Public Prosecutions (DPP), and the Directorate of Criminal Investigations (DCI), arguing that the charges against him were fabricated and politically motivated.
“My Life Was Ruined”
In court filings, Rotich, 55, narrates how his indictment in 2019 marked the beginning of a downward spiral. Once a powerful minister managing Kenya’s finances, he was forced out of office by then-President Uhuru Kenyatta a day after being charged. The legal battle, he says, made him unemployable, eroded his professional relationships, and left his family struggling with stigma and public scrutiny.
“The ordeal of being wrongfully prosecuted profoundly affected my mental and emotional well-being,” Rotich states in his lawsuit. “Sleepless nights and frequent anxiety attacks became part of my daily life. I lived in constant fear of imprisonment and the destruction of my reputation.”
His family was not spared either. Rotich claims his son’s academic performance deteriorated due to the negative publicity, forcing him to transfer his children to a new school to protect them from ridicule. His parents’ home was also allegedly targeted by robbers, whom he believes were motivated by the media coverage surrounding his case.
Financial and Professional Fallout
Rotich, who now engages in farming and private business, asserts that the case dealt a severe blow to his career. Before his Cabinet appointment, he had built a solid reputation as an economist, working with the Ministry of Finance, the International Monetary Fund (IMF), and the Central Bank of Kenya. He argues that the charges derailed his political ambitions and shut him out of consultancy opportunities, costing him millions.
The former CS is seeking:
•Sh850 million for emotional distress, humiliation, and the impact on his family.
•Sh950 million for damage to his career and lost job opportunities.
•Sh106 million for lost earnings, legal fees, and business losses.
•Sh30 million for health-related damages linked to stress from the prosecution.
•Sh900 million in punitive damages to deter similar cases in the future.
Rotich further alleges that financial institutions severed ties with him due to the case, forcing him to shift his banking relationships and limiting his access to credit facilities.
Malicious Prosecution Claims
Rotich argues that the case against him was built on falsehoods and fabricated evidence. He accuses the DCI of coercing his former Principal Secretary, Kamau Thuge—now the Central Bank of Kenya Governor—into signing statements in exchange for having charges dropped. He also claims the prosecution ignored an Auditor General’s report that had cleared him of any wrongdoing.
The former CS says the legal proceedings were marred by irregularities, including multiple amendments to the charges and the failure of the prosecution to question key witnesses. Of the 41 witnesses called, he claims, many merely took the stand without being cross-examined.
In her December 2023 ruling, Anti-Corruption Court Magistrate Eunice Nyutu acquitted Rotich and his co-accused, criticizing the prosecution’s handling of the case. She directed that her ruling be forwarded to the Attorney General and the National Council on the Administration of Justice (NCAJ), noting that prosecutors should be personally liable for damages in cases of wrongful prosecution.
Seeking Justice and Redemption
Rotich now wants the government to be held accountable for what he describes as a politically motivated trial. He insists that he was used as a scapegoat, while others who should have been held responsible were never charged.
“The malicious prosecution devastated every aspect of my life—emotionally, professionally, physically, financially, and socially,” he says in his suit. “I am seeking damages to compensate for these extensive and unjust harms.”
As the case unfolds, it could set a precedent on government accountability in high-profile prosecutions, particularly regarding the financial and reputational costs borne by individuals who are later acquitted.
The Attorney General, DPP, and DCI are yet to respond to the lawsuit.
