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The Nairobian

Ruto says State didn’t prove case, seeks acquittal

Busia

By The Standard Business | Mar 23, 2011

By Evelyn Kwamboka

Eldoret North MP, William Ruto, now claims the decision to prosecute him was a tragic gamble with his liberty and reputation.

The former Higher Education minister suspended in connection with the sale of land in Ngong Forest said the prosecution has not established any case against him.

"The prosecution was up to no good in commencing these criminal proceedings. They were activated by malice and motivated by extraneous considerations," he argued.

The MP said out of evidence adduced by 20 prosecution witnesses, none of them said he made any false representations on the Sh272 million land transaction to the Kenya Pipeline Company.

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Contradictory statements

In submissions presented in court by his lawyer Kioko Kilukumi, the MP said in light of the contradictory statements made by Government representatives in the case, the court should rule in his favour.

"It is noteworthy that Government officials working in the Lands and Forestry departments are unable to speak in unison whether the parcels in question were within the Ngong Forest.

"How would an ordinary Kenyan know the boundaries of forests, if those charged with the responsibility cannot?" said Ruto.

Ruto and three other accused persons now want to be acquitted under Section 210 of the Criminal Procedure Code for lack of evidence.

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.

State Counsel Victor Wohoro is expected to make the prosecution’s final submissions before Chief Magistrate Gilbert Mutembei on Monday.

Wohoro said the prosecution would submit to the court that Ruto, businessman Joshua Kulei, and Baringo Central MP, Sammy Mwaita, have a case to answer.

The case that led to Ruto’s suspension arose from charges that the minister received Sh96 million to facilitate sale of ungazetted forestland to KPC.