Kimunya criminal case to continue: High Court
08 July 2014, 14:47
Nairobi - Former
Cabinet minister Amos Kimunya has lost an attempt to stop his criminal
trial in which he is being accused of fraudulently transferring to a 25-acre
piece of land using a local company.
limited and its chairman Junghae Wainaina had 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.
High Court judge Weldon Korir while dismissing the request, said the trial
could not be stopped since the Director of Public Prosecution Keriako Tobiko,
the Ethics and Anti-Corruption Commission and a Milimani law Courts Chief
magistrates have already adequately prepared and cannot be stopped from doing
Korir said that in halting that trial would mean that the DPP, EACC and the
Milimani law Courts Chief magistrates have the intention of doing away with it
despite the fact that the company and Mr Wainana had alleged that they had
taken four months to prepare for this new case in order to get the necessary
judge faulted the fact that the case had been filed a week before the trial
scheduled for July 7 and 8, four months after Mr Kimunya, Mr Wainaina and Ms
Njenga were charged on March 17.
is not good reason for failing to come in good time for this case, in any case
it is unlikely that the trial will 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,” ruled the judge.
judge said that there was a need to hear the new case on a priority basis since
it would useless if the trial proceeds before it is heard and determined.
Korir also said that the request for stopping the trial lacks merit before
dismissing it and that the decision would be in the best interest of the
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.
company claims other politicians too have shares in the company besides
Kimunya’s 1000 shares and are good willed in supporting the farmers.
the DPP, EACC and the Milimani law Courts Chief magistrates had argued that
this case had to be dismissed since the company and Mr Wainaina had rushed to
court at the last minute.
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.
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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