The Law Society of Kenya chairman "masterminded" the Sh1 million Malili Ranch scam should be prosecuted, CID director Ndegwa Muhoro said yesterday.
Muhoro said it is "an error" not to charge Eric Mutua with conspiracy to defraud alongside other suspects.
In a letter to Director of Public Prosecutions, Muhoro said there is no compelling reason to leave Mutua out of the current prosecution as "he is the lead suspect".
"Mr Mutua was involved at every stage of misappropriation of the monies in question and failing to charge him in court clearly weakens the prosecution case as Mr Mutua no doubt was the main player of the fraud," Muhoro said.
He said the CID recommends that the case be reviewed and Mutua and Peter Kanyi be enjoined in the current charges.
DPP Keriako Tobiko has previously denied that he is protecting Mutua in the Malili Ranch scandal.Last year, Muhoro told the DPP to charge Mutua and six others, including Machakos Senator Johnstone Muthama, with theft following the fraudulent sale of part of Malili Ranch Ltd land in Konza, Machakos county.
The government bought the 5,000 acres in question for Sh1 billion, intending to build the Konza Technocity there.
Malili Ranch shareholders complained about the sale of the land by three of the seven directors and Mutua, the Company Secretary, without their knowledge or sanction.
Yesterday, Muhoro told the DPP including Mutua and Kanyi in the prosecution "is the only way that the strongly justified representation by concerned Kenyans on this matter can be put to rest".
He added that his office, as well as that of the DPP, has continued receiving complaints from Malili Ranch shareholders.
"The import of these many representations is that my and your office might have been compromised to come up with a recommendation that dropped the names of two crucial suspects," Muhoro said.
In the investigators' opinion, the CID director said, Mutua carried the greatest responsibility for the offences committed.
According to the evidence laid out in the letter, Mutua was the advocate who masterminded the whole scam and he could not account for
Sh314.5 million.
The CID director said that Mutua failed to account for Sh9.3 million earned as interest of money that he invested in a fixed account.
"Mutua failed to account to the police during the enquiry irregularly paid Sh147.6 million for plots that were not inside LR. NO. 9118/3 that was amalgamated and sold to the government," Muhoro said in the letter.
He added that Mutua also failed to account for Sh3.9 million "irregularly" paid to Liberty Real Estate for "valuation work with was not necessary."
"Mutua also failed to account for irregular paying of Sh64 million as a compensation for developments that were on non-existent land," Muhoro said.