By Tajeu Shadrack Nkapapa
The Court of Appeal in Nairobi has mandated that former Housing Minister Amos Kimunya present his defence in a case concerning the improper allocation of land to a private entity.
Additionally, Lilian Wangiri Njenga, who formerly held the position of Director of Land Adjudication and Settlement, along with Junghae Wainaina, the Director of Midlands Limited, are also required to enter their defenses in this matter.
The Office of the Director of Public Prosecutions (ODPP) has stated that the ruling issued by a three-Judge panel, which included Justices P.O. Kiage, Ali-Aroni, and L. Achode, determined that the evidence presented by the Director of Public Prosecutions, Mr. Renson Ingonga, sufficiently established a prima facie case against the appellants, leading to the dismissal of their appeal.
The ODPP added that the court upheld the decision of the High Court, which found that the prosecution had established a prima facie case against the appellants, and ordered the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and disposal.
“The accused are charged with abuse of office, failure to disclose a private interest to ones’ principal, fraudulent disposal of public property and breach of trust by a person employed in the Public Service,” said the ODPP.
The ODPP reported that the charges stemmed from the allocation and transfer of a 25-acre parcel of land, namely Nyandarua/Njabini/5852, from the Settlement Fund Trust (SFT) to Midlands Limited, a private company.
“The land in question was originally part of a 75-acre plot allocated to the Njabini Agricultural Training Centre (ATC), a government facility established to train farmers and promote agricultural development,” added the ODPP.
The Office of the Director of Public Prosecutions emphasized that the prosecution alleges that the appellants, in their individual roles, unlawfully enabled the transfer of land to Midlands Limited, a company in which Kimunya held the positions of Director and Shareholder, without adhering to the required procedures or securing the necessary approvals from the other trustees of the SFT.
The matter was first addressed in the Chief Magistrate’s Court, where the trial magistrate found the appellants not guilty, determining that the prosecution did not succeed in demonstrating a prima facie case against them.
The Director of Public Prosecutions (DPP) contested the acquittal, leading the High Court to reverse the magistrate’s ruling. The court determined that the prosecution had provided adequate evidence to necessitate the appellants’ defence and mandated a retrial.
“The appellants, dissatisfied with the High Court’s decision, filed an appeal at the Court of Appeal, arguing that the judge had made definitive findings that would prejudice their right to a fair trial. The appellate judges emphasized that the High Court’s decision was based on whether the prosecution had established a prima facie case, not on the guilt or innocence of the appellants,” the ODPP added.
The ODPP further reported that the Court of Appeal upheld the High Court’s decision and directed that the case be remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for a hearing on expedited basis.
The case is scheduled for a mention on 7th April 2025 for further directions.