Former minister Kimunya to defend himself in Sh60 million land graft case after Court of Appeal ruling

Former minister Kimunya to defend himself in Sh60 million land graft case after Court of Appeal ruling

The charges relate to events in 2005 when Kimunya allegedly oversaw the allocation of 25 acres of public land to Midlands Ltd, valued at about Sh60 million.

A Nairobi court has ordered former Lands Minister Amos Kimunya to take the stand on September 15 to defend himself in a corruption case involving the alleged irregular transfer of public land worth Sh60 million in Nyandarua County to a private firm.

Anti-Corruption Chief Magistrate Harrison Baraza scheduled the defence hearing after the Court of Appeal dismissed Kimunya’s bid to overturn a High Court ruling that found he had a case to answer.

A ruling delivered by Justices Patrick Kiage, Ali-Aroni, and Lydia Achode said that the case should proceed to trial.

"We find the appellants' appeal lacks merit and is hereby dismissed. The appellants are ordered to defend themselves in the case," the bench led by Justice Kiage ruled.

In their judgment, the appellate judges upheld the High Court's decision that the prosecution had established a prima facie case against the appellants and directed that the matter be returned to the Anti-Corruption and Economic Crimes Court for continued hearing.

Kimunya is facing corruption charges alongside Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands Limited.

The charges relate to events in 2005 when Kimunya allegedly oversaw the allocation of 25 acres of public land to Midlands Ltd, valued at about Sh60 million.

The land was originally part of a 75-acre plot allocated to Njabini Agricultural Training Centre, a government facility established for farmer training and agricultural development.

In May 2020, the trio was acquitted by Anti-Corruption Magistrate Felix Kombo, who ruled that the prosecution failed to prove its case. However, the Director of Public Prosecutions appealed the decision.

High Court judge, Esther Maina, later allowed the state's appeal, finding the prosecution had established a prima facie case. She ordered Kimunya and his co-accused to defend themselves against five corruption-related charges while dismissing one defective charge.

Dissatisfied with this decision, the accused moved to the Court of Appeal.

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