Kimunya claims government witchunt in land case
01 July 2014, 08:01
Nairobi - A
Company which former cabinet minister Amos Kimunya is accused of fraudulently transferring
to a 25-acre piece of land now wants the criminal prosecution case stopped.
limited and its chairman Junghae Wainaina yesterday moved to quote seeking to
quash the prosecution trial proceedings against the former Lands minister, Mr
Wainaina and a director of Land Adjudication and Settlement Ms Lilian Njenga.
company and Mr Wainaina allege that the criminal trial has an ulterior motive,
is illegal and that the Agriculture ministry wants to deprive Midland ltd its
property and investments.
two allege that the trial is an interference with fair justice, it regards a
property subject in another case, is meant to threaten and coax the company to
surrender what was lawfully allocated and so the case needs to be quashed
as well as an order issued to prohibit its hearing.
ministry is using its considerable weight to use the EACC to deprive a public
company its registered property and cause the transfer of the land for its
valuable consideration, Midland ltd and Mr Wainana are aggrieved by this
violation of right through the start of an illegal criminal prosecution,” said
lawyer Tom Maina Macharia.
Court Judge Weldon Korir gave the company and Mr Wainaina a go ahead to sue the
Director of Public Prosecution Keriako Tobiko, the Ethics and Anti-Corruption
Commission and a Milimani law Courts Chief magistrates.
ltd alleges that it is a creation of leaders, residents and mainly farmers from
Nyandarua to be an agro processing project meant to add value to agricultural
produce from within the county and outside in a bid to boost the potato,
carrots, cabbage and horticultural crop farmers’ livelihood.
company claims other politicians too have shares in the company besides
Kimunya’s 1000 shares and are good willed in supporting the farmers.
their suit papers, the company says farmers requested the government in August
15, 2003 through Mr Kimunya, the then minister, to be allocated land in the
Nyandarua Settlement Fund Trustee land which was under-utilized then since it
was most suitable as it had ambient temperature and its proximity to Nairobi.
the Agriculture ministry used to train farmers on how to improve quantity and
quality of produce in part of the Settlement’s land which was 72 acres whilst
4acres was used for pasture.
remaining portion was sizeable enough for sublet hence the proposal to set up
the agro-processing plant passed and saw Mr Kimunya announce at a public rally
on April 30 2004 that the farmers be allocated the land through the company
which was legally transferred and obtained with a deed.
subdivided the land into 6 units however Mr Wainaina was informed by Anti-grafts
officials in June 2011that it had placed a restriction on the original Midland
title deed and that it was investigating an alleged illegal acquisition of the
land from the Settlement Fund Trustees.
Wainana was told that KACC was investigating a complaint regarding the alleged
irregular allocation of some land allocated to a company associated with a
senior politician from Nyandarua.
June 2013, Mr Wainaina got a letter from the DPP and the EACC asking him to
surrender the land and they first threatened to sue him on the basis of that
case was indeed filed in Nakuru on February 19, 2013 but EACC later called him
again asking him to appear in court on March 17 to be charged in connection
with the land alongside Mr Kimunya and Ms Njenga in a case which the
complainant is Dr Romano Kiome a former PS in the ministry of Agriculture who
is allegedly the registered proprietor of the land yet the Settlement had never
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