Amos Kimunya released on cash bail in land fraud case – Business Daily
Former National Assembly Leader of Majority Amos Kimunya. FILE PHOTO | NMG
Former National Assembly majority leader Amos Kimunya has been freed on cash bail of Sh700,000 over charges of fraudulent transfer of public land worth Sh60 million to a private company.
Mr Kimunya and his co-accused – Lilian Wangiri and Junghae Wainaina, appeared before anti-corruption court chief magistrate Lawrence Mugambi after the High Court reinstated the charges last week.
Ms Njenga and Mr Wainaina were ordered to deposit cash bail of Sh1 million each to secure their freedom.
The charges against Mr Kimunya alleged that in June 2005, he and Ms Njenga used their offices to allocate 25 acres of public land, then valued at Sh60 million, to Midlands Limited.
Mr Kimunya was further accused of breach of trust and failing to protect public property.
The trio were freed two years ago for lack of evidence, but High Court judge Esther Maina overturned the decision last week, saying the trial magistrate erred as they should have been placed on their defence.
In the judgment, Justice Maina said the prosecution had established a strong case against the three over the fraudulent transfer of the 25 acres of land in Nyandarua County to Midlands Ltd.
While acquitting them in May 2020, Mr Kombo noted that the complainant – the Ministry of Agriculture – failed to table documents to prove that it owned the land.
The trial magistrate had pointed out that the key witness, an administrator at Settlement Fund Trustee (SFT), who recorded his testimony but never testified, might as well have absolved Mr Kimunya and his co-accused of any wrongdoing.
The magistrate further said the Agriculture ministry had been pursuing a title deed to the land in Njabini but failed to get the title.
Midlands Ltd was a public company incorporated in 1987 and had 1496 shareholders among them late President Mwai Kibaki, the late Mama Lucy Kibaki, self-help groups and companies mainly from Kinangop area.
The prosecution had said the land in Nyandarua County had been set aside for seed multiplication and at the same time, acted as a farmers training centre by the ministry.
The case will be further mentioned on October 31.
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