Economy

Tobiko directs full hearing of ex-Moi aide fraud case

tobiko

Director of Public Prosecutions (DPP) Keriako Tobiko. FILE PHOTO | NMG

Director of Public Prosecutions Keriako Tobiko has opposed a bid by four suspects, including former President Daniel Moi’s aide Joshua Kulei, to settle a land fraud suit out of court.

The suspects’ lawyer said refund of cash linked to the suit, clearance of land by the National Land Commission (NLC) and talks to settle the dispute out of court had made the fraud case weak.

The DPP, through lawyer Victor Mule, said he was not aware of the negotiations.

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He said the suspects knew that DPP and the ethics agency EACC were parties to the case but never involved them.

“He (the DPP) is a constitutional office holder mandated to prosecute such matters. He should have been consulted. My instructions is that the case proceed to hearing,” he said before Chief Magistrate Felix Kombo.

Mr Kulei has been charged alongside Peter Kipyegon Lagat, a former managing director of the Kenya Airports Authority, Wilson Gachanja, a former lands commissioner, and Ezekiel Komen, former Kenya Pipeline MD, who face abuse of office charges.

The four were first presented in court in January 2010, but since then, only one person has testified in the case.

READ: Ex-Moi aide’s firm seeks compensation for prime city land

Economic crimes charges

They denied the economic crime charges, which included abuse of office, breach of trust and obtaining money irregularly in mid-1999 during the Moi era.

Mr Langat, Mr Gachanja and Mr Bhundia are said to have facilitated the transfer of 12 parcels of land irregularly excised from the airports authority property in Mombasa to East African Gas Company Ltd-- a joint venture with Kenya Pipeline.

Mr Komen was accused of breaching trust by authorising the payment of Sh65.2 million from the bank account of East African Gas Company in which he was said to be a signatory.

The four are out on a Sh1 million bond.

Hearing starts on April 10, 2018 if the parties would not have agreed.