The Court of Appeal has upheld the decision requiring former Housing Minister Amos Kimunya to be placed on his defence in a long-running land fraud case. This comes as a significant victory for the Director of Public Prosecutions (DPP), who has been pushing for accountability in corruption-related cases involving public officials.
Kimunya, alongside Lilian Wangiri Njenga, a former Director of Land Adjudication and Settlement, and Junghae Wainaina, Director of Midlands Limited, is facing charges of abuse of office, fraudulent disposal of public property, and breach of trust in a case involving the irregular allocation of public land.
The allegations stem from the transfer of a 25-acre parcel of land, Nyandarua/Njabini/5852, from the Settlement Fund Trust (SFT) to Midlands Limited, a private company in which Kimunya held a directorial and shareholder role. The land was originally part of a 75-acre plot designated for the Njabini Agricultural Training Centre (ATC), a government initiative aimed at supporting agricultural development.
Initially, the Chief Magistrate’s Court acquitted Kimunya and his co-accused, ruling that the prosecution had failed to establish a prima facie case against them. However, the DPP successfully appealed this decision at the High Court, which overturned the acquittal and directed that the accused be placed on their defence.
In response, Kimunya and his co-accused took the matter to the Court of Appeal, arguing that the High Court’s ruling prejudiced their right to a fair trial. Despite their efforts, the appellate court ruled against them, asserting that the prosecution had presented enough evidence to warrant their defence.
A three-judge bench emphasized that the High Court’s ruling was not a determination of guilt but rather an affirmation that the case should proceed to trial. The case has now been remitted to the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and final disposal.
The latest ruling marks a critical milestone in Kenya’s fight against corruption, reinforcing the judiciary’s commitment to holding public officials accountable for alleged abuse of office. As the case moves forward, all eyes will be on the proceedings scheduled for mention on April 7, 2025, where further directions will be given.
For Kimunya, a once-prominent political figure, this legal battle underscores the ongoing scrutiny faced by former government officials over past transactions. The outcome of the full trial will determine the next chapter in this high-profile case.
