Ruling in Moi allies Sh954m land fraud case is adjourned

Former Kenya Pipeline Company Managing Director Ezekiel Komen (second from left) and some of his co accused leave a Milimani law court on Thursday,August 24 after a ruling in a case where they are accused of defrauding a widow in Eldoret of a land worth Shs 954 Million was adjourned to September 24. PHOTO/COLLINS KWEYU
Former Kenya Pipeline Company Managing Director Ezekiel Komen (second from left) and some of his co accused leave a Milimani law court on Thursday,August 24 after a ruling in a case where they are accused of defrauding a widow in Eldoret of a land worth Shs 954 Million was adjourned to September 24. PHOTO/COLLINS KWEYU

A court adjourned a ruling on whether to put six allies of former President Daniel arap Moi on defence to September 12.

They are charged with grabbing a widow’s Sh954 million land in Uasin Gishu.

Milimani chief magistrate Francis Andayi said the ruling was not ready.

The prosecution led by senior state counsel Daniel Karuri has closed the case after investigating officer Corporal Thomas Othoo attached at CID headquarters completed his evidence.

Othoo produced documents showing how former Kenya Pipeline Company MD Ezekiel Komen, former Eldoret DC Benjamin Rotich, Tom Chepkwesi, Erick Tarus, Agnes Gerald, Wangu Kuria and Benjamin Kuto grabbed the 477 acres belonging to Anne Nyogio, 79.

They pretended the government had acquired the property to set up a settlement scheme over 10 years ago.

During the hearing, Othoo, led in his evidence in chief by senior state counsel Eddie Kadebe, identified the six accused persons whom he said illegally subdivided the land and were beneficiaries.

The witness said Chepkwesi was the registrar in charge of Eldoret land registry when the property was fraudulently acquired. He illegally issued 72 titles to Tarus, Kuto and Ezekiel as transfer of Sergoit River Farm.

The officer said Chepkwesi issued the titles despite being served with a court order vacating the adverse possession order that had been issued by justice Philip Ramsley.

He said that the order vacating justice Ramsley’s order was issued by justice Joyce Aluoch and received by Chepkwesi on December 22, 2009 and deliberately failed to register the order document.

The officer said Rotich unlawfully chaired Moiben land control board, which authorised the illegal subdivision and transfer of No. L.R 9723.

The court also heard that Tarus was the paramount chief of Kiplombe location in Eldoret where the disputed land is located.

Othoo said Tarus, Kuto and Komen appointed themselves trustees and registered 72 plots in their names.

He said Tarus influenced the illegal possession, while Komen swore a false affidavit depicting the acquisition of the land was through the government.

Othoo said Kuria was a registrar of titles at Ardhi House. She arbitrarily issued instructions to the district land registrar Eldoret to issue title deeds in total disregard of the court order.

He told the trial court that there is no legal documentation showing the government bought the land.

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