The Court of Appeal has approved the prosecution of former Housing Minister Amos Kimunya in the irregular allocation of land case involving a private company.
Also to be charged against Kimunya is Lilian Wangiri Njenga who previously served as a Director of Land Adjudication and Settlement, and Junghae Wainaina the Director of Midlands Limited.
“The judgment, delivered by a three-Judge bench comprising Justices P.O. Kiage, Ali-Aroni, and L. Achode, ruled that the evidence adduced by Director of Public Prosecutions (DPP) Mr. Renson Ingonga, CBS, OGW established a prima facia case against the appellants, while dismissing their appeal.
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Thus, the court upheld the decision of the High Court, which found that the prosecution had established a prima facie case against the appellants, and ordered the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and disposal.
The accused are charged with Abuse of Office, Failure to disclose a Private Interest to ones’ Principal, Fraudulent disposal of public property and Breach of trust by a person employed in the Public Service.” said ODPP
The land in question is part of 75-acres that had been allocated to the Njabini Agricultural Training Centre to train farmers and promote agriculture in the country but it was established that 25-acres had been allocated irregularly.
Those charged are accused of taking advantage of their position to transfer ownership of the land to Midlands Limited, a company owned by former Minister Amos Kimunya without getting the approvals of the trustees.
“However, the DPP appealed the acquittal, and the High Court overturned the magistrate’s decision, ruling that the prosecution had presented sufficient evidence to warrant the appellants being placed on their defence, and ordered a retrial.
The appellants, dissatisfied with the High Court’s decision, filed an appeal at the Court of Appeal, arguing that the judge had made definitive findings that would prejudice their right to a fair trial.
The appellate judges emphasized that the High Court’s decision was based on whether the prosecution had established a prima facie case, not on the guilt or innocence of the appellants.
The Court of Appeal upheld the High Court’s decision and directed that the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for a hearing on expedited basis.” said ODPP
The case is set to be mentioned on 7th April 2025 for further direction of the court.
