Court declines to stop Kimunya land fraud suit

Former Cabinet minister Amos Kimunya Friday lost an attempt to stop a criminal trial in which he is being accused of fraudulently transferring a 25-acre piece of land using a local company.

Midland Limited and its chairman, Junghae Wainaina, had moved to court seeking to quash the criminal prosecution proceedings against the former Lands minister, Mr Wainaina and a director of land adjudication and settlement, Lilian Njenga.

READ: Firm seeks quashing of Kimunya suit

However, High Court Judge Weldon Korir while dismissing the request, said the trial could not be stopped since the Director of Public Prosecution (DPP) Keriako Tobiko, the Ethics and Anti-Corruption Commission (EACC), and a Milimani Law Courts chief magistrate had already adequately prepared and cannot be stopped from doing their work.

Justice Korir said that halting the trial would mean that the DPP, EACC and the Milimani Law Courts chief magistrate have the intention of doing away with it despite the fact that the company and Mr Wainaina had alleged that they had taken four months to prepare for the new case in order to get the necessary material.

The judge faulted the fact that the case had been filed a week before the trial scheduled for July 7 and 8, four months after Mr Kimunya, Mr Wainaina and Ms Njenga were charged on March 17.

“That is not good reason for failing to come in good time for this case, in any case it is unlikely that the trial will be conducted and concluded on the scheduled dates, there is therefore sufficient time to hear and determine this case before the trial, in my view the balance of convenience tilts in favour of not stopping the criminal trial,” ruled Justice Korir.

The judge said that there was need to hear the new case on a priority basis since it would be useless if the trial proceeds before it is heard and determined.

Justice Korir also said that the request for stopping the trial lacks merit before dismissing it and that the decision would be in the best interest of the parties involved.

The company and Mr Wainaina allege that the criminal trial has an ulterior motive, is illegal and that the Agriculture ministry wants to deprive Midland ltd its property and investments.

The two allege that the trial is an interference with fair justice, it regards a property subject in another case, is meant to threaten and coax the company to surrender what was lawfully allocated  and so the case needs to be quashed as well as an order issued to prohibit its hearing.

But the DPP, EACC and the Milimani Law Courts chief magistrate had argued that the case had to be dismissed since the company and Mr Wainaina had rushed to court at the last minute.

Midland alleges its ownership includes leaders, residents and farmers from Nyandarua.

The firm processes and packages potatoes and is also owned 16 per cent by private equity firm Pearl Capital Partners.

Mr Kimunya was arrested in March this year and charged with having influenced the allocation of 25 acres in Nyandarua to the firm while serving as Lands minister.

The Ministry of Agriculture says the land was part of 75 acres it owns and was reserved for a potato seed project.

The ethics agency says Mr Kimunya was a director and shareholder in the company at the time of the transaction and did not seek the consent of the relevant ministry.

The case will be mentioned on July 7.