Charges altered in Amos Kimunya’s land fraud case
Former Cabinet Minister Amos Kimunya (left) and lawyer Mwaniki Gachoka in a Nairobi court on July 8, 2014, after the prosecution amended the charge sheet and made new accusations against him and two others. The hearing is on October 7. PHOTO | PAUL WAWERU
What you need to know:
- Mr Kimunya was also charged with failing to disclose his vested interests in the land deal.
- A third count of fraudulent disposal of public property was also read out to the former minister.
Former finance minister Amos Kimunya was on Tuesday charged afresh in a land fraud case arising from his stint at the Ministry of Lands and Housing.
The prosecution presented an amended charge sheet in which it alleges Mr Kimunya allocated public land to a private company linked to him.
Mr Kimunya denied that on June 30, 2005 while he was minister of Lands 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 was not available for alienation.”
Mr Kimunya was also charged with failing to disclose his vested interests in the land deal.
An anti-corruption court heard that while 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 public land to the company.
A third count of fraudulent disposal of public property was also read out to the former minister.
The court heard that on June 30, 2005, Mr Kimunya fraudulently transferred the property to his company through a purported letter of offer while knowing the land in question was not available for sale.
He was also charged with breach of trust. The charge stated that he betrayed the trust bestowed on him as an administrator of public land and committed a breach of trust by causing the disputed land to be disposed of to a private entity. The prosecution said the case was “prejudicial to the public”.
Mr Kimunya was charged alongside Ms Lilian Wangiri Njenga, a former director of land adjudication and settlement in the ministry of Lands and Housing, who was also charged with breach of trust.
BREACHED PUBLIC TRUST
Ms Njenga denied she breached public trust by disposing of public property when she allegedly issued a letter of offer to Midlands Limited.
She was also charged with abuse of office after the court overruled an objection by defence lawyers against the prosecution’s amendments. A third suspect in the case, Mr Junghae Wainaina, was charged with fraudulent acquisition of public property.
The court heard that on February 6, 2006 at Ardhi House, he acquired the land in question registered in the name of Settlement Fund Trustee “while aware it was not available for allocation.” Mr Kimunya, Ms Njenga and Mr Wainaina are out on bond.
The hearing is on October 7.
