Suspect in Sh179m Malili land sale seeks exclusion from case
Malili Ranch Ltd director Julius Kilonzo Maweu with lawyer Michael Ndegwa. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
Julius Kilonzo Maweu, a director at Malili Ranch Limited that sold 5,000 acres to the government at Sh1 billion, says in an application in the High Court that he will suffer double jeopardy since he had been tried and acquitted over the same transaction on July 13, 2011.
A suspect in the Sh179 million theft case against Machakos Senator John Muthama and former PS Information and Communications Bitange Ndemo over the acquisition of the Konza Techno City land wants his name removed from the case.
Julius Kilonzo Maweu, a director at Malili Ranch Limited that sold 5,000 acres to the government at Sh1 billion, says in an application in the High Court that he will suffer double jeopardy since he had been tried and acquitted over the same transaction on July 13, 2011.
Mr Maweu, in the application filed by lawyers Michael Ndegwa and Stephen Andere, says there will be no fair trial as the fresh charges against him “are malicious and a fragrant abuse of the criminal justice system”. The other suspects – Mr Ndemo, Mr Muthama, former Commissioner of Lands Zablon Mabea, commissioner at the National Police Service Commission Ronald Musengi and Julius Mbau Nzyuko – told trial magistrate Doreen Mulekyo that “they will participate in the case filed by Mr Maweu seeking to have his name expunged from the fresh case.”
Mr Maweu says he was tried by former chief magistrate Gilbert Mutembei and acquitted due to lack of evidence.
Acquitted
He had been jointly charged with another director of Malili, Peter Kanyi, who is now a witness in the fresh case. Mr Maweu and five others have denied stealing Sh179,134,070. The Malili Ranch director says his constitutional rights are being breached for being tried “on the same facts as he was acquitted by Mr Mutembei”.
Mr Maweu has named the Director of Public Prosecutions and the Inspector General of Police David Kimaiyo as respondents.
“The respondents have maliciously and in an attempt to circumvent Article 50 of the Constitution and Section 138 of the Criminal Procedure Code purported to frame the charges in a way to show that they relate to a different issue,” says Mr Maweu in his testimony.
He adds that the particulars of the fresh case and documentary evidence “fall squarely under the rule of double jeopardy.” Mr Maweu was accused of stealing Sh52 million from Malili Ranch Company Ltd while Mr Kanyi was accused of stealing Sh78.1 million.
