A Nairobi court has acquitted former Lands minister Amos Kimunya and his co-accused in the long-running Sh60 million graft case linked to the alleged irregular allocation of public land to Midlands Limited.
Delivering judgment on Wednesday, magistrate Harrison Barasa ruled that the prosecution had failed to prove its case beyond reasonable doubt, bringing to a close a matter that has spanned years and previously undergone a retrial.
Kimunya, who was the first accused, had faced charges of abuse of office and fraudulent disposal of public property. Prosecutors alleged that in June 2005, while serving as Lands minister, he used his position to benefit Midlands Limited by facilitating the allocation of a 25-acre parcel excised from land belonging to the Njabini Farmers Training Centre. The land was valued at approximately Sh60 million.
However, the court found that the prosecution did not present sufficient evidence to demonstrate that Kimunya fraudulently disposed of the land or improperly influenced its allocation.
While it was undisputed that Kimunya was a shareholder and director of Midlands Limited, the court held that there was no proof linking him to the issuance of the letter of offer.
“The prosecution has not satisfied this court as to the guilt of the first accused in the three counts,” ruled Barasa.
The court noted that the letter of offer was signed by the second accused, former Director of Land Adjudication and Settlement Lilian Wangari Njenga, who did not indicate that she had been influenced by Kimunya or acted on his instructions.
In his defence, Kimunya denied issuing any directions regarding the allocation, and the court said there was no reason to doubt his testimony. The magistrate emphasised that suspicion alone, without corroborating evidence, could not sustain a criminal conviction.
“There is no evidence that the first accused wrote any instructions to the second accused regarding the issuance of the letter of offer,” he said, adding that the burden of proof rested squarely with the prosecution, which called 17 witnesses.
On Njenga’s role, the court examined whether she had abused her office by issuing the letter of offer. She maintained that her role was limited to processing applications, with allocation decisions subject to procedures involving the Settlement Fund Trustees, and that she would not have approved any irregular documentation.
The third and fourth accused persons, including a director of Midlands Limited and the company itself, were also cleared of charges of fraudulent acquisition of public property, with the court finding no evidence of unlawful acquisition.
The magistrate further observed that Midlands Limited appeared to have been established as a public-oriented initiative aimed at benefiting farmers, noting that the company “was born out of a noble idea.”
Barasa declined to rely on statements not fully tested in court and indicated that any remaining disputes over the land would be more appropriately resolved through civil proceedings.
The acquittal marks the conclusion of a case that had initially resulted in Kimunya’s acquittal before the High Court ordered a retrial.
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