Is Ruto heading back to Cabinet?

By Evelyn Kwamboka

The Sh272 million-land case that has hung around the neck of Eldoret MP William Ruto for the last eight years and which led to his suspension from Cabinet is over. The court trying Ruto, former President Moi’s private secretary Joshua Kulei, and Baringo Central MP Sammy Mwaita returned the verdict they had no case to answer.

Apart from giving Ruto, who returned from the discomforting International Criminal Court dock to a tumultuous welcome by supporters on Monday, reason to smile it could also hold the key to his return to the Cabinet.

This is because President Kibaki suspended him in consultation with Prime Minister Raila Odinga, from whose side of the Grand Coalition Ruto is, last October because he was facing trial. Now that it has been ruled he has no case to answer, along with Kulei and the former Commissioner of Lands, it may just be a matter of time before he is recalled to his docket as Minister for Higher Education.

It is from here that Ruto will await the verdict of the ICC Pre-Trial Chamber II charges on September 1, on whether he should face crimes against humanity charges, which were read to him at The Hague on April 7.

If the court upholds the prayers of the ICC prosecutor Luis Moreno-Ocampo, and assuming he will have been reappointed, Ruto may yet again have to pack up his bags and go fight the battle of his life and career at The Hague. In both the cases that ended on Tuesday and the one he is grappling with at The Hague, Ruto has linked it to alleged political manipulations by his rivals.

"They proved that I was innocent and today’s ruling vindicates me. I am sure all the others ahead of me would face the same fate," said Ruto after the ruling by Chief magistrate Gilbert Mutembei.

He added: "It was politically prudent for me to be dragged to court. I thank my family and constituents for overwhelmingly electing me in 2007, despite the court case."

Ruto was suspended from the Cabinet after a Constitutional Court dismissed objections he had raised against the fraud case and ordered that the case should proceed. When he announced his suspension on October 19, last year, President Kibaki said Ruto should stay out of office and wait for the fraud case to be concluded.

The termination of the case means Ruto may have partially overcome hurdles in his bid to run for president next year. He, however, still has one major hurdle on his way, just like his new political ally Uhuru Kenyatta — ICC case on post-election violence.

On Tuesday, Ruto, whose reappointment could also depend on Raila, with whom he has fallen out, said it was a great day for him since the truth had finally come out. He argued the case was political rather than a judicial matter.

"We have carried the burden for the last eight years. This case was doomed to fail from the word go," he said.

He said it was clear from the court ruling he never received any money from the sale of land by Kenya Times Media Trust to Kenya Pipeline Corporation. Ruto also referred to the maize scandal, which he said some people tried to implicate him on.

Suspended Higher Education Minister William Ruto was overcome with relief after the court dismissed a criminal case against him on Tuesday. Photo: Evans Habil/The Standard

He said the Criminal Investigations Department, Kenya Anti-Corruption Commission and officials from the Efficiency Monitoring Unit carried out investigations and exonerated him from the allegations.

After the Chief Magistrate finished reading the ruling, his supporters broke into song and dance.

A grinning Ruto emerged from the courtroom followed by Kulei and Mwaita. They were hugged and congratulated by the excited supporters.

Ruto received another heroic welcome from supporters waiting outside the court. Kulei, who appeared lost for words, joined the crowd singing Kalenjin praise songs.

Ruto was seen swinging and clapping his hands outside the court, as supporters joined the chorus. They sang: "Iyoni ng’o tumi?, iyoni boishek, iyoni aaasai iyoni! (Who welcomes this celebration? The old men welcome it, oh it is welcome) Iyoni chebiosok, iyoni kokwoni iyoni aaasai iyoni! (The women welcome it, the community welcomes it, and oh it is welcomed).

Another group carrying posters with his image, reading "Ruto tuko na wewe" (Ruto we are with you) danced in his praise. The Chief Magistrate said no evidence adduced by 20 witnesses and 129 documentary exhibits referred to by the prosecution directly linked the suspects to the charges.

"I therefore find that all the accused persons have no case to answer and hereby acquit them under Section 210 of the Criminal Procedure Code," Mutembei declared.

He acquitted them under the Criminal Procedure Code, Section 210, after hearing submissions and arguments from the prosecutor, the accused persons and their advocates. "It appears to the court that a case is not made out against the accused persons sufficiently to require them to make a defence, the court shall dismiss the case and shall forthwith acquit," ordered Mutembei.

Sh1 million refund

Mutembei also ruled that Ruto and his co-accused be refunded Sh1 million each they deposited for bond. The final leg of the case lasted more than a from the time the constitutional court ruled it should proceed.

Ruto was joined by MPs Eugene Wamalwa, Charles Keter, Zachayo Cheruiyot, Joshua Kutuny, Ferdinand Waititu, Adan Duale, Kazungu Kambi, Mohammud Sirat, Jeremiah Kioni, Kiema Kilonzo, Luca Kigen, Gideon Mbuvi and George Nyamweya.

The public gallery was packed with his supporters who arrived early to witness whether the court was going to put Ruto on his defence. At the entrance, policemen attached to the Nairobi Law Courts had a hectic time controlling the crowd.

Mutembei said there was no evidence that Ruto received any money from Kenya Pipeline Company.

"No evidence was adduced that the accused persons received any money," he said.

The trial court said former KPC Company Secretary Mary Kiptui had informed the court that the corporation’s board approved the purchase of 33 parcels of land. The land was to be bought at a cost of Sh272 million. Like the court matter before him at The Hague, his lawyer Mr Kioko Kilukumi represented Ruto.

Mutembei said Kiptui gave evidence that the then corporation’s Managing Director Linus Cheruiyot required the Lands ministry for a valuation on the land parcels.

He pointed out that the land belonged to Kenya Times Media Trust and since it had a debt, it opted to nominate companies to hold the land in trust. "It is clear that the six accused person (including Kulei) never received any money from KPC," he said.

On Mwaita’s charges, he said from the evidence adduced in court, the 33 consents were signed by an officer from the Lands ministry and not Mwaita.