Ex-Minister Kimunya to defend himself in Sh60 million land case after appeal rejected

Former Lands Minister Amos Kimunya has been ordered to defend himself in a corruption case involving the alleged irregular transfer of public land worth Sh60 million.

A Nairobi court directed that Kimunya take the stand on September 15 after the Court of Appeal dismissed his attempt to overturn a ruling that found he had a case to answer.

Anti-Corruption Chief Magistrate Harrison Baraza set the hearing date following the appellate court’s decision. Justices Patrick Kiage, Ali-Aroni, and Lydia Achode ruled that the matter must proceed to trial.

"We find the appellants' appeal lacks merit and is hereby dismissed. The appellants are ordered to defend themselves in the case," the ruling read.

The appellate court upheld an earlier decision by High Court judge Esther Maina, who found that the prosecution had established a prima facie case.

She ordered Kimunya and his two co-accused Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands Limited to answer to five corruption-related charges.

The case relates to a 2005 land allocation when Kimunya allegedly facilitated the transfer of 25 acres of public land in Nyandarua County to Midlands Ltd.

The land, valued at around Sh60 million, was originally part of a 75-acre plot allocated to the Njabini Agricultural Training Centre, a government institution focused on farmer training and agricultural development.

In May 2020, the three were acquitted by Anti-Corruption Magistrate Felix Kombo, who ruled that the prosecution had failed to prove its case.

The Director of Public Prosecutions appealed that decision, leading to the High Court’s reversal and now the Court of Appeal’s confirmation of that ruling.

The matter will now proceed before the Anti-Corruption and Economic Crimes Court, where the defence will be heard.