Ruto wants court to clear him of forestland charges

By Evelyn Kwamboka

Eldoret North MP William Ruto will today ask the court to acquit him of charges in connection with the sale of land in Ngong Forest.

The MP and his two co-accused persons are to make the application for acquittal under Section 210 of the Criminal Procedure Code.

This emerged yesterday after the prosecution’s last witness gave evidence touching on the Sh272 million Kenya Pipeline Corporation’s land purchase deal.

Through his advocate Kioko Kilukumi, Mr Ruto said he would make the application now that the prosecution is through with its witnesses.

The prosecution brought 20 witnesses, who were drawn from the ministries of Lands and Environment, KPC, the Police, Trans National Bank and two law firms.

Section 210 states that at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case and shall forthwith acquit him.

Mr Kennedy Wabuoba, who investigated the case in 2003, said yesterday he did not trace any money to Ruto, businessman Joshua Kulei or Baringo Central MP Sammy Mwaita Mwaita’s bank accounts.

Incorrect figures

"Money for the land transaction was paid to Nyaundi Tuiyot and Company Advocates. I do not know how the law firm dispensed the cash," he said.

The officer, who is currently serving as the Homa Bay deputy OCPD said the Government set the purchase price for the 32 controversial plots.

This, he said, was done through a valuation carried out by the Ministry of Lands.

The court was told that the charge sheet containing the offences allegedly committed by the accused persons does not have the police file number and the complainant’s name.

The court was also told that some of the figures quoted in the charge sheet as purchase prices are not correct. The investigating officer said Mwaita’s signature does not appear in any of the exhibits produced.

Mr TJ Kajwang’, KPC’s advocate, told the court that titles for 32 plots excised from Forest were clean.

The advocate told the court he did a search at the Ministry of Lands and found the parcels belonged to companies. Kajwang’, who received 15 title deeds from a law firm that was acting for Trans National Bank Limited, said there was no qualification that the parcels were in the forest.