Former Treasury CS Henry Rotich and 8 others have been cleared in the Sh63 billion Arror and Kimwarer graft case.
Trial Magistrate Eunice Nyutu says there is no evidence to warrant them being placed on their defence.
"All the accused persons in this case are hereby acquitted under section 210 due to lack of evidence as a result of the reckless dereliction of duty by the prosecution," the magistrate said.
Nyutu in acquitting them said there was no evidence placed before the court to show the accused persons had the sole aim of defrauding the government of the monies.
The court also faulted and lectured the prosecution over how they handled the case saying it appeared "to be a well-choreographed acquittal" as they only led eight witnesses out of the 41 they had intended to examine.
The Magistrate also said no evidence was tabled to show that there was no procurement done concerning the two dams.
Equally, the court observed there was no evidence to show that the former CS Henry Rotich and eight others failed to follow procurement laws in the Arror and Kimwarer Dams.
The court said there is a need to check the conduct and behaviour of the ODPP when it comes to commencing cases which they have no intention of pursuing to its end.
Rotich on his part was happy the case that had been going on for years was finally over.
"I think the devil has been ashamed and I believe he will permanently be ashamed for those who schemed this evil work...I will give a more detailed reaction," Rotich said.
Rotich had on November 20 asked an anti-corruption court to acquit him saying no money was lost in the financing and development of the Arror and Kimwarer dams project.
Rotich was on July 23, 2019, arraigned and faced graft-related charges.
