Judge declines to halt Kimunya case

Former Cabinet minister Amos Kimunya has lost an attempt to stop his criminal trial in relation to transfer of a 25-acre piece of land.

Midland Ltd, in which he holds shares, and its chairman, Mr Junghae Wainaina, had moved to court to try to halt criminal proceedings against the former Lands minister, the chairman and Ms Lilian Njenga, a director of Land Adjudication and Settlement.

The alleged fraudulent land transfer was done through the company.

Friday, Mr Justice Weldon Korir declined to stop the trial.

The judge said the proceedings could not be halted since Director of Public Prosecution Keriako Tobiko, the Ethics and Anti-Corruption Commission and a magistrate had adequately prepared for the matter.
The judge faulted the applicants for moving to court a week before the criminal trial, which was scheduled on July 7 and 8.

Mr Kimunya, Mr Wainaina and Ms Njenga were charged on March 17.

They requested the judge to halt the criminal case pending determination of their application.

However, the judge said it was unlikely that the trial would be conducted and concluded on the scheduled dates.

“There is, therefore, sufficient time to hear and determine this case before the trial. In my view, the balance of convenience tilts in favour of not stopping the criminal trial.”

It was necessary to hear the company’s case on priority since it would be rendered a waste of time if the trial proceeds before the application is determined, the judge ruled.

Mr Wainaina and the firm claim that the criminal trial is meant to pursue an ulterior motive, is illegal and that the Agriculture ministry wants to deprive Midland Ltd of its property and investments.
The case will be mentioned on July 7.