Ruto to take the stand in Ngong Forest sale case

By Evelyn Kwamboka

The State now wants Eldoret North MP William Ruto put on his defence to explain his connection to the sale of land parcels in Ngong Forest.

Senior Principal Prosecution Counsel Victor Wohoro said there is sufficient evidence to place the accused person on his defence.

"The prosecution was from the onset was able to establish that the sale of the parcels of land in Ngong Forest by the accused was done with the knowledge that the said forest had not been degazetted, and hence was not available for alienation," he said.

Chief Magistrate Gilbert Mutembei yesterday said he would deliver his ruling on whether Ruto, businessman Joshua Kulei and Baringo Central MP Sammy Mwaita also have a case to answer on April 12.

But based on evidence touching on the Sh272 million land transaction adduced in court, the trial magistrate will be forced to acquit them based on Section 210 of the Criminal Procedure Code.

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.

In his final submissions filed in court, Wohoro said the prosecution called a total of 20 witnesses and tabled 129 documentary exhibits in proof of its case against the accused persons.

"The defence in cross-examination alluded to 50 exhibits which are yet to be produced in order to controvert the evidence led by the defence witnesses," he stated.

Pointed out

The prosecution is relying on evidence adduced by three witnesses from the Forest Department that the land had not been degazetted. But Wohoro pointed out that the PS Treasury holds a title in respect of the area allegedly excised out of the forest.

"That being the case, there was no legal basis for the existence of dual titles over the same land, noting that the public interest in the land had preceded that sought to be alienated by sale," he said.

On Mwaita, who served as the Commissioner of Lands, Wohoro claimed the MP purported to consent to the sale of the forestland while at all material times he know no good title could possibly pass to the Kenya Pipeline Company.

"The transfer of the Ngong Forest titles could not have taken place had Mwaita not signed the consents or consented to the sale," he said.