Anti-graft body may probe Ruto case afresh

By Cyrus Ombati

The Kenya Anti-Corruption Commission (KACC) is considering launching fresh investigations into the fraud case involving Eldoret North MP William Ruto.

Sources at the commission Thursday revealed detectives at the anti-graft body intend to write to the director of CID seeking to have files of investigations into the case before they start their probe.

"It is clear that public money was lost in the deal and that is why as a commission we want to take up the case and launch fresh investigation. You will be informed when we start," said a senior officer, who asked not to be named because of the sensitivity of the case.

The source revealed detectives had been detailed to monitor the case at the High Court before it was dismissed by a magistrate.

Questions Raised

"From the beginning, there were questions on how the prosecution presented the case and why some witnesses went against their statements and others failed to show up. There is a case of perjury that has not been raised by the same CID," added the source.

Ruto, Mr Joshua Kulei and Mr Sammy Mwaita, were charged with fraudulently obtaining Sh272 million from the Kenya Pipeline Corporation (KPC) by selling it plots in the Ngong Forest.

Nairobi Chief Magistrate Gilbert Mutembei said the prosecution had failed to prove its case. Of the witnesses the prosecution had lined up, 13 could not be found and five died while the case was going on. Those who made it to the court became hostile to the prosecution.

Commissioner of Police Mathew Iteere has since blamed the State Law Office for the acquittal of Ruto and two others over the multi-million land fraud charges.

"We played our role in this case. In the criminal justice system, there is the police, courts and prisons. It was upon the prosecutors to prove the case before the court," he said.

But the Director of Public Prosecution Keriako Tobiko says they relied on evidence produced by police and they cannot be blamed.