Blow to Kimunya as judges decline appeal to stop Sh60m graft charges

The Court of Appeal has dealt a blow to former Majority Leader of the National Assembly, Amos Kimunya, rejecting his request to overturn a High Court decision that ordered him to face charges in a Sh60 million corruption case.

A three-judge bench, composed of Justices Patrick Kiage, Ali-Aroni, and Lydia Achode, ruled that the case against Kimunya should proceed to trial, requiring him to defend himself.

The case centers on allegations of the irregular allocation of a 25-acre piece of land in Nyandarua County to a private company, Midlands Limited, in which Kimunya held directorial and shareholder interests.

The land, valued at Sh60 million, had been part of a 75-acre plot originally allocated to the Njabini Agricultural Training Centre (ATC), a government-run institution focused on agricultural development.

.

Keep Reading business

•  Troubled Uchumi's creditors to know fate of their billions
•  Why tourism is Kenya's best bet to accelerate economic growth
•  BAT to pay Sh50 dividend despite 19pc profit dip
•  Appetite for Kenya's 'green gold' spawns new crop of millionaires Premium
•  Policy Statement promises nothing unusual in CS Mbadi's first Budget Premium

The judges ruled that the Director of Public Prosecutions (DPP), Renson Ingonga, had presented enough evidence to establish a prima facie case against Kimunya and his co-accused.

The two other accused individuals are Lilian Wangiri Njenga, a former Director of Land Adjudication and Settlement, and Junghae Wainaina, a Director at Midlands Limited. Both have also been ordered to defend themselves against the charges.

The charges against the three accused include abuse of office, failure to disclose a private interest to their principal, fraudulent disposal of public property, and breach of trust by a public servant.

The prosecution claims that the accused unlawfully facilitated the transfer of the land from the Settlement Fund Trust (SFT) to Midlands Limited, bypassing the necessary approvals and procedures.

The trial began in the Chief Magistrate’s Court, where Kimunya and his co-accused were initially acquitted.

The trial magistrate ruled that the prosecution had failed to establish a prima facie case, leading to their acquittal.

However, the DPP appealed the ruling, arguing that the magistrate’s decision was flawed.

The High Court subsequently overturned the acquittal, ruling that there was enough evidence to warrant the defendants' defense, and ordered a retrial.

Aggrieved with the decision, Kimunya and his co-accused filed an appeal with the Court of Appeal, arguing that the High Court had made prejudicial findings that compromised their right to a fair trial.

However, the Court of Appeal found that the High Court's decision was based solely on whether a prima facie case had been established, not on the defendants' guilt or innocence.

In their judgment, the Court of Appeal upheld the High Court’s decision and remitted the case to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and determination.

The court also directed that the case be expedited.

Kimunya and his co-accused are now scheduled to defend themselves against the charges on April 25, 2025