Reprieve for ex-minister Kimunya in land fraud case as complainants seek withdrawal

Former Cabinet minister Amos Kimunya got a temporary reprieve in a land fraud case after proceedings were adjourned Tuesday to allow for an out-of-court settlement.

The trial court was told that residents of Nyandarua had filed a petition at the county assembly seeking to "withdraw its complaint on the parcel of land" that the criminal case against Mr Kimunya stems from.

Mr Kimunya is charged with allocating public land to a private company associated with him.

He has pleaded innocent against a charge stating that on June 30, 2005, as minister of Land and Housing, he abused his authority to “confer a benefit on Midlands Limited by causing the company to be allocated a public plot identified as Nyandarua/Njabini/5852 while knowing that the said land parcel was not available for alienation.”
VESTED INTERESTS

He is also charged with failing to disclose his vested interests in the land transaction.

The anti-corruption court sitting in Nairobi on Tuesday heard that negotiations were under way "that the government, through the Ministry of Agriculture, should withdraw its complaint on the parcel of land allocated to Midlands Limited on which a processing factory stands in recognition of the immense value that is carried out therein."

"Nyandarua County government duly recognises the importance of Midlands Limited as an industry with tremendous importance to the county for agricultural development and economic growth," lawyer Tom Macharia said.

He asked and was given two months to report back to court the outcome of the process.

A petition he presented in court reads: "Nyandarua County government being the owner of the land parcel that was a resultant of the subdivision has no objection to the possession of the said land by Midlands Limited."

WITHDRAWAL OF CHARGES

However, the DPP retains the final say on the case as he only has the powers to allow withdrawal of criminal charges.

The prosecution says that while Mr Kimunya worked at Ardhi House, Nairobi, on June 30, 2005, and knowing that the government was not aware of his private interest in Midland Limited, he failed to disclose that he was a director and allowed the allocation of a public land to the said company.

He also faces a third count of fraudulent disposal of public property and a further charge of breach of trust.

He is alleged to have betrayed the trust bestowed on him as an administrator of public land and committed a breach of trust by causing the disputed plot to be disposed to a private entity.

Mr Kimunya is charged alongside Ms Lilian Wangiri, a former Director of Land Adjudication and Settlement with the Ministry of Land and Housing, who also faced the breach-of-trust charge.

A third suspect in the case is Mr Junghae Wainaina, who denies a charge of fraudulent acquisition of public property.

The suspects are out on bond and their case will be mentioned on September 29 for further directions.

Mr Kimunya lost an earlier petition in the High Court in which he sought to have his prosecution quashed.