Ex-Moi aide given weeks to settle fraud case out of court

A Nairobi magistrate on Wednesday gave four suspects, including former President Daniel Moi’s aide Joshua Kulei, one month to finalise talks with a view of settling fraud charges against them out of court.

Chief magistrate Felix Kombo gave Mr Kulei and his co-accused Peter Kipyegon Lagat, a former Managing Director of Kenya Airports Authority, Mr Wilson Gachanja, a former lands commissioner and Ezekiel Komen, former Managing Director, Kenya Pipeline, until May 8 to see whether they would have reached a deal.

Through lawyer Timon Kosgey, Mr Kulei said the money and the land, which is the core of the case, had been refunded.

“If it is true that there are talks, then seize the opportunity and finalise it before the next hearing. This is an old matter,” he said.

But the Director of Public Prosecutions through a State counsel said they were not aware of the negotiations nor correspondences with a view of settling the matter out of court.

READ: Moi era men face multi-billion shilling asset seizure

The Ethics and Anti-Corruption Commission also denied knowledge of the talks.

The accused have denied conspiracy and abuse of office charges arising from the transfer of 12 plots, irregularly excised from the land belonging to KAA.

Mr Kulei is separately charged with obtaining Sh17.9 million through the sale of public land in Mombasa to a private firm, Gas Company.

According to the prosecution, Mr Kulei obtained Sh12 million from Gas Company Ltd on May 19, 1999, in Nairobi and another Sh5.9 million by falsely pretending that Sian Ltd had paid land rent, rates and assessment fee.

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

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 Kosgei, together with lawyer Pravin Bowry said the parcels of land, which was also part of the complaint, had been cleared by the National Land Commission through a gazette notice.