Director of Public Prosecutions Keriako Tobiko has rejected a plea by former minister Amos Kimunya to settle a graft case out of court.
The DPP, through Lilian Obuo, told trial magistrate Felix Kombo the plea to settle out of court was rejected because it was a public interest case. The Nyandarua county government wanted the case settled. The trial is to start on January 23.
The former powerful politician is charged jointly with Lilian Njenga, a director of Land Adjudication and Settlement, and Jughae Wainaina, chairman of Midlands Ltd, a company associated with the former minister.
The Nyandarua county government urged the court to withdraw the case against the three, saying they have recognised the importance of Midlands Ltd as an industry with tremendous importance to the county for agriculture development. “The government, through the Agriculture ministry, should withdraw the complaint on the land allocated to Midlands,” said lawyer Tom Macharia.
The accused are charged with abuse of office by fraudulently disposing of public property worth Sh60 million. They have denied seven counts of abuse of office, failing to disclose a private interest to one’s principal, and fraudulent disposal of public property.
The prosecution alleges that in June 2005, Kimunya and Njenga allegedly allocated to Midlands 25 acres of public land. Kimunya, a former Kipipiri MP, is accused of failing to disclose he was a director of Midland and not protecting public property.
Njenga is accused of disposing of public property, while Wainaina is accused of fraudulently acquiring public property registered in the name of Settlement Fund Trustee. Wainaina and Midlands are accused of fraudulent acquisition of public property on February 6, 2006, in Nairobi.