Economy

Oburu loses bid to block railway land grab case

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Nominated Senator Oburu Odinga. FILE photo | nmg

The anti-corruption watchdog has been allowed to continue pursuing a case against former Prime Minister Raila Odinga’s brother — Oburu Odinga — whom it has accused of acquiring a half acre piece of land in Kisumu owned by Kenya Railways Corporation.

Kisumu High Court judge Stephen Kibunja has dismissed Dr Odinga’s application to throw out the suit Ethics and Anti-Corruption Commission (EACC) filed against him in 2010 over allegedly colluding with Baringo Central MP Sammy Mwaita to defraud Kenya Railways of the half-acre piece of land.

Mr Justice Kibunja’s decision followed the EACC’s argument that complying with court rules on drafting and filing witness statements and other vital documents to make full disclosure took long, but that it was still keen on pursuing Dr Odinga on land fraud charges.

Dr Odinga in his application claimed that the EACC had unnecessarily spent over two years without prosecuting the case, hence wanted it dismissed.

“The EACC has in their endeavour to show cause why the suit should not be dismissed explained that it took time to comply with the requirements of order 11 of civil procedure rules that required total disclosure of the parties’ case by recording, filing and serving the witness statements and documents.”

“Though Dr Odinga has shown that the EACC took more than one year to take steps towards prosecuting their case, the explanation offered by the EACC, and the steps so far taken towards complying with civil procedure rules makes the court find and hold that a dismissal order is not the way to go in this case,” Mr Justice Kibunja ruled.

The EACC in court argued that Dr Odinga had at some point agreed to surrender the title deed to the disputed land.

But the nominated Senator in his response denied ever agreeing to surrender the title deed.

The anti-corruption watchdog finally filed the documents it intends to rely on in the suit against Mr Odinga and Mr Mwaita on April 28, last year.

The land was surveyed in 1935 and set aside as part of the railway reserve and later handed to Kenya Railways.

However, in 2001, Dr Oginga is said to have wrongfully procured a lease over the suit property from Mr Mwaita.