Former Kipipiri MP Amos Kimunya has been ordered by the Court of Appeal to defend himself in a case involving allegations of irregular allocation of public land to a private company.
In a statement on Thursday, February 23, the Office of the Director of Public Prosecutions (ODPP) said Kimunya and two others will face trial over accusations linked to the transfer of a 25-acre parcel of land from the Settlement Fund Trust (SFT) to Midlands Limited.
The two are Lilian Wangiri Njenga, a former Director of Land Adjudication and Settlement, and Junghae Wainaina, a Director at Midlands Limited.
The judgment delivered by a three-judge bench ruled that the evidence presented by DPP Renson Ingonga established a prima facie case against the accused.
As a result, the Court of Appeal dismissed their appeal, affirming the High Court's earlier decision that the prosecution had presented sufficient evidence to require the defendants to be placed on their defence.
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"The judgment, delivered by a three-Judge bench comprising Justices P.O. Kiage, Ali-Aroni, and L. Achode, ruled that the evidence adduced by Director of Public Prosecutions (DPP) Mr. Renson Ingonga, CBS, OGW established a prima facia case against the appellants, while dismissing their appeal.
"Thus, 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 statement read.
Kimunya and his co-accused are facing charges of Abuse of Office, Failure to Disclose a Private Interest to One's Principal, Fraudulent Disposal of Public Property, and Breach of Trust by a Public Servant.
According to the ODPP, the allegations revolve around the unlawful transfer of land initially designated for the Njabini Agricultural Training Centre (ATC), a government facility aimed at promoting agricultural development.
The prosecution contends that the land was allocated to Midlands Limited, a company in which Kimunya was a Director and Shareholder, without due process or the necessary approvals from other trustees of the SFT.
Notably, the case was initially dismissed by the Chief Magistrate’s Court, which ruled that the prosecution had not established a prima facie case.
However, the DPP successfully appealed this acquittal at the High Court, leading to a retrial order.
"The case was initially heard at the Chief Magistrate’s Court, where the trial magistrate acquitted the appellants, ruling that the prosecution had failed to establish a prima facie case against them.
"However, the DPP appealed the acquittal, and the High Court overturned the magistrate’s decision, ruling that the prosecution had presented sufficient evidence to warrant the appellants being placed on their defence, and ordered a retrial," the statement added.
The appellants subsequently took the matter to the Court of Appeal, arguing that the High Court's decision prejudiced their right to a fair trial.
However, the appeal was rejected by the appellate judges who directed that the case be returned to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court.
"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 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 statement concluded.
The case is scheduled for mention on April 7, 2025.
