The High Court in Nairobi has rejected a petition seeking to hold Director of Public Prosecutions (DPP) Renson Ingonga and two state prosecutors personally accountable for their handling of the collapsed Ksh63 billion Arror and Kimwarer dams corruption case.
In a judgment delivered virtually on Monday, November 9, 2026, Justice Roselyn Aburili ruled that the petitioners had not provided sufficient evidence to establish unlawful conduct, negligence or bad faith by the prosecution officials.
The petition was filed by Transparency International Kenya, Katiba Institute and two other petitioners, who challenged the conduct of the prosecution following the acquittal of former Treasury Cabinet Secretary Henry Rotich and eight co-accused persons in December 2023.
Petitioners Questioned Prosecution of Dam Case
The petition targeted Ingonga and prosecution counsels Geoffrey Obiri and Oliver Mureithi, accusing the prosecution team of failing to present sufficient evidence to sustain the corruption case.
The petitioners pointed to the fact that only eight of the 49 witnesses listed in the case testified before the accused persons were acquitted on December 14, 2023.
They argued that the prosecution’s handling of the matter contributed to the collapse of the case involving the proposed Arror and Kimwarer dam projects, which were linked to public funds amounting to Ksh63 billion.
They consequently sought to have the officials held personally responsible for their conduct.
Judge Finds No Evidence of Bad Faith
However, Justice Aburili found that the petitioners had not demonstrated that the DPP or the two prosecutors deliberately withheld witnesses, acted with improper motives or failed to discharge their statutory responsibilities.
The judge also rejected claims that the prosecution officials had acted without objectivity or impartiality.
She noted that there was no evidence showing that their decisions were influenced by nepotism, favouritism or other improper considerations.
In her determination, the judge held that the petitioners had failed to meet the threshold required to remove the statutory immunity enjoyed by the prosecution officials when carrying out their lawful duties.
“Having considered the petition, the response and arguments by the parties, the conclusion the court comes to is that the petitioners did not demonstrate that the respondents acted unlawfully, negligently or in bad faith while discharging their lawful duties that would have amounted to dereliction of duty to strip them of the immunity granted to them by law,” the judgment stated.
Petition Dismissed Without Costs
The court further observed that the two prosecution counsels had been compelled by circumstances to act as they did, adding that no evidence had been presented to establish improper conduct on their part.
Justice Aburili consequently dismissed the petition in its entirety and directed that each party bear its own costs.
“The petition therefore fails and is dismissed; there will be no order as to cost,” the court ruled.
The decision leaves the petitioners unsuccessful in their attempt to have Ingonga, Obiri and Mureithi held personally liable over the prosecution of the Arror-Kimwarer corruption case.
