CoA clears hurdle to land fraud case » Capital News

NAIROBI, Kenya, Feb 13—Former Housing Minister Amos Kimunya has a case to answer after the Court of Appeal upheld a ruling linking him to a Sh60 million land fraud case dating back to his tenure as minister in 2005.

Kimunya and his co-accused face four charges: abuse of office, failure to disclose a private interest to one’s principal, fraudulent disposal of public property, and breach of trust by a public officer.

Director of Public Prosecutions (DPP) Renson Ingonga stated that the charges stem from allegations of the irregular allocation and transfer of 25 acres of land—Nyandarua/Njabini/5852, valued at Sh60 million—to a private company.

“The land in question was originally part of a 75-acre plot allocated to the Njabini Agricultural Training Centre (ATC), a government facility established to train farmers and promote agricultural development,” the DPP said.

The prosecution told court the land was unlawfully transferred from the Settlement Fund Trust (SFT) to Midlands Limited, a private company.

It further stated that Kimunya, in his capacity as a Director and Shareholder of Midlands Limited, and his co-accused facilitated the illegal transfer.

Also placed on their defense are Lilian Wangiri, former Director of Land Adjudication and Settlement, and Junghae Wainaina, Director of Midlands Limited.

According to the DPP, the appellate ruling follows the initial acquittal of the accused by the Chief Magistrate’s Court, which found that the prosecution had failed to establish a prima facie case.

However, the DPP appealed the acquittal, and the High Court overturned the decision, ruling that the prosecution had presented sufficient evidence to warrant the accused being placed on their defense and ordered a retrial.

Prima facie case

Dissatisfied with the High Court’s ruling on October 6, 2022, the appellants filed an appeal at the Court of Appeal, arguing that the judge had made definitive findings that could compromise their right to a fair trial.

On Thursday, a three-judge bench comprising Justices Patrick Kiage, Agnes Murgor Ali-Aroni, and Grace Ngenye Achode ruled that the prosecution had presented substantive evidence establishing a prima facie case against Kimunya and his co-accused.

The appellate judges clarified that the High Court’s ruling was based on whether the prosecution had met the threshold for a prima facie case, not on the guilt or innocence of the accused.

The bench remitted the case file to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for an expedited hearing.

It is scheduled for mention on April 7, 2025, for further directions.