Nairobi governor Evans Kidero wanted his name dropped from the 850 acres of land dispute. PHOTO | FILE
Nairobi governor Evans Kidero has suffered a setback after the Court of Appeal declined to drop his name from a case in which he is accused of colluding to defraud sugarcane farmers of 850 acres of land in Busia during his time as managing director of Mumias company.
Mr Kidero is also the subject of criminal investigations by the police over the alleged falsification of a Sh100 million charge of the land to Mumias Sugar, and alleged falsification of court orders and consent from farmers to sell the land.
The court ruling opens the door for investigations into the allegations facing the Nairobi Governor to resume, and for the proceedings at the High Court to continue.
Mr Kidero moved to the Court of Appeal seeking to be left out of a suit lodged by Kenya for Justice Development (Kejude) and sugarcane farmers and prominent politicians from the region, among them Busia Senator Amos Wako and former MP Chris Okemo.
The land was compulsorily acquired by the government from farmers in 1996 for the setup of the Busia Sugar Company (BSC) which failed to take off, forcing Mumias Sugar Company to sell it to recover a Sh120 million loan it had extended to BSC.
Mr Kidero was at the time the managing director of the sugar miller.
Kejude had sued the Kenya Sugar Board, Busia Sugar Company, Kaplony Limited and Wetang’ula Adan Makokha Advocates, the Attorney-General and the Director of Public Prosecutions.
Justice David Majanja blocked the sale of the land in 2012 before transferring the case to the Bungoma High Court from Nairobi.
In July last year, Bungoma’s Justice Aggrey Muchelule shot down an application by Mr Kidero seeking to exclude himself from the proceedings, and he subsequently moved to the Appellate Court, which last week upheld the High Court’s decision.
Mr Kidero had argued that the petitioners had failed to demonstrate any wrongdoing he had committed as a private individual, and that he was not liable for the illegalities committed by Mumias Sugar, as the firm is a separate legal entity.
Court of Appeal Judges Roselyn Nambuye, David Maraga and Gatembu Kairu last week found that the High Court was not at fault for declining to strike out Mr Kidero from the suit.
The judges said in their ruling that Mr Kidero had failed to demonstrate that Justice Muchelule misdirected himself in declining to expunge him from the suit.
“The judge did not in his ruling say that Mr Kidero is personally responsible for the actions or omissions of Mumias Sugar. We therefore reject complaints that he failed to make a distinction between Mr Kidero and Mumias Sugar,” they said in their ruling.
They also agreed with Justice Muchelule’s ruling that stated that Mr Kidero is a necessary party to the suit who has to account for the alleged violations, if at all.
Mr Kidero’s appeal had halted the proceedings which are set to continue in Bungoma High Court.
Mumias Sugar had attempted to sell the land to Kaplony Limited, but the sale was blocked by Justice Majanja.
Advocate Mutenyo Wattimah, who was acting for BSC said in court papers that her signature was forged in documents to facilitate the sale of the land to Kaplony.
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