Former Lands Minister Amos Kimunya has been acquitted in a long-running Sh60 million land allocation case linked to a parcel of public land in Nyandarua County.
The ruling was delivered by Milimani Anti-Corruption Chief Magistrate Harrison Barasa, who found that the prosecution failed to prove the charges beyond reasonable doubt against Kimunya and his co-accused.
The case revolved around allegations that, while serving as Lands minister in 2005, Kimunya irregularly facilitated the allocation of a 25-acre piece of public land belonging to the Njabini Farmers Training Centre to Midlands Limited, a company associated with him. The land was reportedly valued at approximately Sh60 million.
According to court proceedings, prosecutors accused Kimunya of abuse of office and fraudulent disposal of public property. However, the magistrate ruled that investigators did not present enough evidence directly linking him to the issuance of the land allotment letter.
The court also cleared former Director of Land Adjudication and Settlement Lilian Wangari Njenga, alongside other accused parties connected to Midlands Limited. Magistrate Barasa noted that suspicion alone could not justify a criminal conviction without concrete proof.
During the trial, Kimunya denied influencing the allocation process, maintaining that he never issued instructions regarding the disputed land. The court stated that no evidence was presented to contradict his testimony.
The prosecution had called 17 witnesses in an attempt to strengthen its case, but the court concluded that the evidence provided was insufficient to sustain any conviction.
The acquittal brings to a close a legal battle that has stretched for more than a decade. The matter had initially resulted in an acquittal before being revived after the High Court ordered a retrial following an appeal by the Office of the Director of Public Prosecutions (ODPP).
Magistrate Barasa further observed that any unresolved disputes concerning the land could be addressed through civil proceedings rather than criminal prosecution.
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