Former Minister Kimunya to defend self in Sh60m public land case

National Assembly Majority Leader Amos Kimunya addressing during the Azimio la Umoja National Convention on 10th December 2021 at Moi International sports complex Kasarani Stadium. [File, Standard]

An Anti-Corruption Court has directed former Lands Minister Amos Kimunya to defend himself on September 15 regarding allegations of irregularly transferring a Sh60 million parcel of public land in Nyandarua County to a private company.

Chief Magistrate Harrison Baraza yesterday set the defense hearing date following a Court of Appeal ruling that dismissed Kimunya’s attempt to overturn a High Court decision requiring him to stand trial.

Kimunya, who previously served as National Assembly Majority Leader, faces corruption charges alongside Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands Ltd.

The charges relate to events in 2005 when Kimunya allegedly oversaw the allocation of 25 acres of public land to Midlands Ltd, valued at about Sh60 million.

The land was originally part of a 75-acre plot allocated to Njabini Agricultural Training Centre, a government facility established for farmer training and agricultural development.

In May 2020, the trio was acquitted by Anti-Corruption Magistrate Felix Kombo, who ruled the prosecution failed to prove its case. However, the Director of Public Prosecutions appealed the decision.

High Court judge, Esther Maina, later allowed the state’s appeal, finding the prosecution had established a prima facie case. She ordered Kimunya and his co-accused to defend themselves against five corruption-related charges while dismissing one defective charge.

Dissatisfied with this decision, the accused appealed to the Court of Appeal.

A three-judge bench comprising Justices Patrick Kiage, Ali-Aroni, and Lydia Achode ruled the case should proceed to trial, stating: “We find the appellants’ appeal lacks merit and is hereby dismissed. The appellants are ordered to defend themselves in the case,” the bench led by Justice Kiage ruled. 

In their judgement, the appellant court judges 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.