Saitoti’s brother fails to stop Konza land sale fraud case

The brother of the late Internal Security minister George Saitoti Thursday failed to stop his prosecution over the alleged fraudulent sale of a five-acre piece of land for the construction of the proposed Konza Technology City.

Justice George Odunga ordered Ronald Musengi, who is also a member of the National Police Service Commission (NPSC), to appear before the anti-corruption court Friday over the Konza deal.

Mr Musengi is expected to be charged alongside Machakos Senator Johnston Muthama, former Information PS Bitange Ndemo and six other persons.

In the proposed charges, they are accused of stealing more than Sh179 million, the proceeds of the sale of 5,000 acres to the government through the Information ministry.

Mr Musengi had moved to the High Court to stop the criminal proceedings on the grounds that a police report had cleared him of culpability in the sale of the land. He argued that he would suffer embarrassment if he is arraigned.

Mr Justice Odunga said the embarrassment claim was not a strong ground to stop the trial, arguing that his rights are well taken care of by the Constitution.

“He has not shown how his rights will be infringed when he takes plea today before the anti-graft court,” said the Judge.

The 5,000-acre piece of land belonged to shareholders of Malili Ranch Ltd and they allegedly stole the money on June 17, 2009.
Mr Musengi argued that the charges could lead to his removal from NPSC.

But lawyer Paul Muite — appointed by the Director of Public Prosecutions to lead the case — opposed the application, saying the matter is of national interest and public money was used to acquire the land.

He said Mr Musengi, Mr Muthama and Mr Ndemo must take plea Friday.

“The High Court cannot be used to lend a hand in the delaying and obstructing the due prosecution of the suspects involved in the transaction,” Mr Muite told Mr Justice Odunga.

“Whether one is a mkokoteni (handcart) puller or a high ranking public servant they are equal in the face of the law and must be prosecuted for any alleged criminal culpability.”

Mr Musengi is charged that he obtained Sh40million from Lawyer Eric Mutua for Malili Ranch Ltd pretending he was the agent for the land company in the acquisition of the land.

The agency listed in the court papers is Gateway Logistic where Mr Musengi is a director. Senator Muthama is to answer to charges, jointly with others, of alleged theft of Sh179 million, while Dr Ndemo faces charges of failing to comply with procurement laws.

Others facing charges are the directors of Malili Ranch Ltd, Julius Kilonzo, David Ngilai, James Munguti, Julius Nzioka and Leonard Kyania Kitua. Former commissioner of lands Zablon Mabea is also in the charge sheet.

The prosecution preffered six charges against the suspects.