Rotich was in 2019 accused of flouting procurement procedures in awarding a contract worth billions of shillings for the construction of the two dams to Italian firm CMC de Ravenna.
He called for the multiple counts that include abuse of office, conspiracy to defraud the public, failure to comply with guidelines relating to procurement, and committing an offence of financial misconduct quashed.
According to Rotich in court papers, the alleged procurement violations can only be committed by the accounting officer or employees in the procuring entity – the Kerio Valley Development Authority.
The former CS argued the National Treasury or himself had no role to play in procurement matters of a procuring entity, otherwise, it would defeat the very purpose of securing accountability in procurement matters.
The former CS claims that the prosecution documents demonstrate there was prior planning including a Cabinet directive dated August 21, 2009, for implementation of the Arror Dam.
According to him, it is the duty of KVDA and the oversight ministry to ensure that procurement procedures, which include project planning, are adhered to.
Rotich said he was authorised by law to sign all financing agreements on behalf of the government of Kenya. This was done after legal clearance by the Attorney General.