Former civil servants to be tried for fraud

A 90-year-old widow Thursday recounted in court how former big names in Kanu invaded her land, on the pretence that the government was surveying the area to settle the needy in Eldoret. PHOTO | EVANS HABIL | FILE

What you need to know:

  • Justice Odunga said the DPP had not overstepped his mandate.
  • The elderly woman claims she lost her land through dubious transfer of land documents alleged to have been forged at Ardhi House in Nairobi.

A court has dismissed a petition seeking to stop a case against six former senior civil servants accused of defrauding a 90-year-old widow of a ranch valued at Sh954 million.

High Court Judge George Odunga ruled that the accused will face full trial for allegedly obtaining land fraudulently from Ms Anne Kimitei Nyogio.

He ordered ex-Kenya Pipeline Company Managing Director Ezekiel Komen, former Eldoret DC Benjamin Rotich, a former district land registrar, Mr Tom Chepkwesi, former Registrar of Lands Agnes Kuria, and two former Lands officials in Eldoret, Mr Erick Kibiwott Tarus and Mr Benjamin Kikorir Kuto, to appear before Nairobi Chief Magistrate Hannah Ndung’u.

They had challenged their prosecution on grounds that Director of Public Prosecutions (DPP) Keriako Tobiko filed the case long after the said offence was committed.

They feared they would not get a fair hearing, they said.

Justice Odunga said the DPP had not overstepped his mandate.

In their application, the accused sought to gag the DPP, the Chief Magistrate and the Inspector-General of Police against pursuing the fraud charges and had also enjoined the widow.

The elderly woman claims she lost her land through dubious transfer of land documents alleged to have been forged at Ardhi House in Nairobi.

Ms Kuria faces two more counts of abuse of office.

OPEN GREEN CARDS

She is accused of issuing instructions to open green cards in the names of Erick Kibiwott Tarus, Benjamin Kuto and Ezekiel Komen, as the trustees of Sergoit River Farm on a parcel of land No. Kiplombe/Kiplombe Block 11 formerly LR No. 9723-Sergoit River farm.

The six have denied conspiring to defraud Ms Nyogio of 477 acres on different dates between March 13, 1985 and September 25, 2009 in Eldoret and Uasin Gishu.

They are out on cash bail of Sh2 million each.