Kulei move delays Ruto graft case

A Sh96 million fraud case against suspended Cabinet Minister William Ruto and others failed to kick off on Monday as one of the accused opted for an out of court negotiation with the Attorney General.

Mr Joshua Kulei, a former aide to retired president, has written to the Attorney General asking for talks on how to settle the charges out of court.

Mr Kulei was accused of stealing Sh58.7 million from Kenya Pipeline Company in 2001.

Mr Ruto was accused of accepting at least Sh38.8 million from a former KPC manager, Ms Hellen Njue, by pretending he was in a position to sell the oil firm land in Ngong Forest.

Attorney General Amos Wako through state lawyer Vincent Wahoro acknowledged the receipt of the letter from Mr Kulei. He has also accepted the offer by Mr Kulei to seek an agreement out of court.

Mr Kulei through his lawyer wanted the case adjourned for a week to allow for the talks.

But Chief Magistrate Gilbert Mutembei has given them until Wednesday this week to complete the negotiation and allow the hearing of the cases to begin.

Also charged together with the two is the Baringo Central MP Sammy Silas Mwaita.

Mr Mwaita faces abuse of office charges where he is accused of consenting to the sale of the land knowing very well that it was government property. He was then the Commissioner of Lands.

Violation

The offences were allegedly committed in 2001 and the accused were charged in 2004. The case had however been on hold until last year after Mr Ruto sought constitutional reference on the matter.

The suspended minister filed an application at the High Court arguing that his prosecution amounted to violation of his fundamental rights. He wanted the court to determine whether a commercial transaction involving public land and for which titles were issued with the blessings of a Head of State can attract criminal sanction.

But on October 15, judges Justice Roselyne Wendoh, Justice Leonard Njagi and Justice Jeanne Gacheche dismissed the application and ordered that the fraud charges be pursued.

Companies mentioned and charged in the case are Berke Commercial Agencies, Priority Limited, Celtic Multi-Systems Limited and Sovereign Group limited and Somog Limited.

KPC lost over Sh272 million in the land transactions.

The case which was to be heard over the next 12 days has now been adjourned to January 27.