Land deal pay vouchers ‘were illegal’

By Evelyn Kwamboka

Kajwang and Kajwang Advocates is one of the law firms that received part of the Sh272 million paid for a controversial land deal, it emerged yesterday.

Former Kenya Pipeline Corporation’s finance Manager, Mr Caleb Manyanga said three cheques were prepared but two of the vouchers that led to the payments were illegal.

The prosecution, however, said none of the cheques was addressed to Suspended Higher Education Minister William Ruto, Mr Joshua Kulei or Mr Sammy Mwaita.

He said all the signatories for verification and certification had not signed the vouchers to warrant the payments.

The then Company secretary Mary Kiptui is alleged to have attached a memo to the vouchers, of which the then finance Manager Hellen Njue sought approval from the then MD Linus Cheruiyot.

Manyanga said Cheruiyot approved the payments and the first two cheques worth Sh180 million were written on the same day.

"Two payment vouchers were raised for Sh90 million each but they did not have all signatories. The chief internal auditor William Ouko appears not to have checked the vouchers too," he said.

Manyanga, who took over from Njue, said none of the cheques was written in the names of Ruto, Kulei, Mwaita, Sovereign Group of Companies, Berke Commercial Agencies, Priority Limited, Celtic Multi-systems and Somog Limited.

The prosecution witness told Chief Magistrate Gilbert Mutembei he has no documents touching on the accused persons to produce in court.

Ruto has been 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.

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

Meanwhile, Lawyer Kioko Kilukumi, who had been representing Ruto in the case withdrew from the matter to await Parliament’s decision on his nomination for the Director of Public Prosecution’s position.

"It is ethically unprofessional and unconstitutional for me to continue being on record for the first accused person (Ruto)," he said.

However, he pointed out that he will return to represent the legislature in the case that has been pending for more than five years.

"In the event that my nomination is rejected, I will be back to defend him," he said.

He told Chief Magistrate Gilbert Mutembei that President Kibaki had nominated him for the Director of Public Prosecution’s position, adding this was due for consideration by other constitutional organs.