Kenya minister to face fraud charges, court rules

Higher Education minister William Ruto will face a Sh96m fraud case following a ruling by a constitutional court Friday.

A three judge bench declined to grant Mr Ruto prayers in a case involving the sale of Ngong Forest land to the Kenya Pipeline Company nine years ago.

Through his lawyer, Katwa Kigen, Mr Ruto said the case was meant to finish him politically, was discriminatory and constituted an infringement of his rights.

Saying most of his prayers could not be granted, Justices Jeanne Gacheche, Roseyln Wendoh and Leonard Njagi said Mr Ruto should seek redress at the trial court.

The judges said that the case could not infringe on his rights since he was innocent unless the trial magistrate says otherwise.

Mr Kigen asked for certified copies of the ruling and leave to appeal, which was granted by the court.

Mr Ruto had moved to the higher court seeking to quash the charges on several grounds.

He said he did not receive any money from the sale of land in Ngong Forest and accused the Kenya Anti Corruption Commission (Kacc) of discrimination.

Challenging the Sh96 million graft allegation, the minister said of 16 government departments and offices that facilitated the transfer of the land he is accused of selling, Kacc only targeted a few individuals.

Through Mr Kigen, Mr Ruto said offices such as the chief lands registrar, the director of survey, chief valuer, the director of physical planning and the city council had been left out.

"All these offices played a role in confirming that the land was available for allotment, " Mr Kigen said.

Mr Ruto said he was a stranger in the suit as he did not receive any money from KPC after the alleged sale of the land.

The Eldoret North MP and Berke Commercial Agencies, a company associated with him, Mr Joshua Kulei, a former aide of retired president Daniel Moi, and two other firms were sued for allegedly obtaining money from KPC between August 6 and September 6, 2001.

Mr Ruto was charged with receiving Sh9.9 million, saying he was in a position to sell 1.745 hectares that belonged to the Ministry of Environment and Natural Resources.

He is alleged to have been paid another Sh57.8 million and Sh28 million for land in the same forest.