Boundary plan tabled in Ruto fraud hearing

By Evelyn Kwamboka

A boundary plan showing more than 50 hectares of land delineated from Ngong Forest was produced in court as exhibit.

The plan, which is part of the prosecution’s exhibits, was produced yesterday after Kenya Forest Service Director David Mbugua told the court that no one had been allowed to acquire 32 hectares of the forestland.

Mbugua said this was because a boundary plan for excision of plots was not prepared.

He said a legal notice by the then Environment Minister John Sambu on alteration of Ngong Forest boundaries had no effect because the plan was not there, hence faulting the degazettement.

Gazetted area

"Having not seen the boundary plan, legal notice number 79 is just a piece of paper. The land is still forestland and I am empowered to say no to people moving in because it is still a gazetted area," he said.

The document was then produced before Chief Magistrate Gilbert Mutembei when cross-examining the witness.

The plan produced in court was prepared and signed in January 1996 by Forest Officer Benson Muoka and checked by a Mrs Kivanguli, who also appended her signature.

The document number 175/364 prepared by the Forest Department was deposited at the Survey of Kenya records office and a copy at the Provincial Forest office for inspection.

The forest that was 3,000 hectares in 1932 has reduced to 1,200 hectares due to excisions, the court heard.

The first excision was in 1964 to accommodate Lenana School, Jamuhuri Park, and the Metrological Department.

In the case, Eldoret North MP William Ruto is charged with fraudulently obtaining Sh96 million from Kenya Pipeline Company, claiming he was in a position to sell them 1.745 hectares of land belonging to the Ministry of Natural Resources in Ngong Forest.

Joshua Kulei and Sovereign Group of Companies are charged that between August 6 and September 6, 2001, jointly with others not before the court, they stole Sh58,753, 247, being KPC property.

Others accused are Berke Commercial Agencies, Priority Limited, Celtric Multisystems and Somog Limited. Hearing continues.

This week, a forest conservation official told the court that the degazettement of part of the Ngong Forest was illegal.