Blow to ex-minister Kimunya as Court of Appeal okays his prosecution in irregular land allocation case

The Court of Appeal in Nairobi has ordered that ex-Housing minister Amos Kimunya be placed on his defence in a case in which he is charged with irregular allocation of land to a private company.

Also placed on their defence in this case is Lilian Wangiri Njenga who previously served as a Director of Land Adjudication and Settlement, and Junghae Wainaina (Director, Midlands Limited).

The judgment, delivered by a three-Judge bench comprising Justices Patrick Kiage, Abida Ali-Aroni, and Lydia Achode ruled that the evidence adduced by Director of Public Prosecutions (DPP) Renson Ingonga established a prima facia case against the appellants, while dismissing their appeal.

Thus, the court upheld the decision of the High Court, which found that the prosecution had established a prima facie case against the appellants, and ordered the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and disposal.

The accused are charged with abuse of office, failure to disclose a private interest to one’s principal, fraudulent disposal of public property and breach of trust by a person employed in the Public Service.

The charges stemmed from the allocation and transfer of a 25-acre parcel of land, namely Nyandarua/Njabini/5852, from the Settlement Fund Trust (SFT) to Midlands Limited, a private company.

The land in question was originally part of a 75-acre plot allocated to the Njabini Agricultural Training Centre (ATC).

The prosecution says the appellants, in their respective capacities, unlawfully facilitated the transfer of the land to Midlands Limited, a company in which Kimunya was a Director and Shareholder, without following due process or obtaining the necessary approvals from other trustees of the SFT.

The case was initially heard at the Chief Magistrate’s Court, where the trial magistrate acquitted the appellants, ruling that the prosecution had failed to establish a prima facie case against them.

However, the DPP appealed the acquittal, and the High Court overturned the magistrate’s decision, ruling that the prosecution had presented sufficient evidence to warrant the appellants being placed on their defence, and ordered a retrial.

The appellants, dissatisfied with the High Court’s decision, filed an appeal at the Court of Appeal, arguing that the judge had made definitive findings that would prejudice their right to a fair trial.

The appellate judges emphasised that the High Court’s decision was based on whether the prosecution had established a prima facie case, not on the guilt or innocence of the appellants. The Court of Appeal upheld the High Court’s decision and directed that the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for a hearing on expedited basis.

The case is scheduled for a mention on April 7 for further directions.

The case was prosecuted by Senior Assistant Director of Public Prosecutions Vincent Monda and Assistant Director of Public Prosecutions Alex Akula.