[Source: Daily Nation, by Joseph Wangui]
The High Court has suspended the prosecution of former Law Society of Kenya president Eric Mutua over the controversial sale of Malili Ranch to the government at Sh1 billion.
As a result, the Anti-Corruption Court has deferred Mr Mutua’s plea-taking until his petition against the trial is heard and determined.
The land was sold to the Ministry of Information and Communications in 2011 fore development of Konza technology city.
Mr Mutua was expected to answer to charges of stealing and making a false document with intent to defraud.
According to the charge sheet, he is accused of stealing Sh553.8 million, being proceeds from the sale of 5,000 acres of land in Machakos County, to the government.
He is said to have committed the offence with accomplices in Nairobi and Machakos between June 25, 2009 and March 19, 2010.
The land registered as LR No.9918/3 was the property of Malili Ranch Limited, according to the charge sheet.
In the second count, the lawyer is accused of creating minutes of directors of Malili Ranch and claiming they were genuine resolutions passed by registered members of the company.
The document indicated that the members had replaced Peter Kanyi and Kilonzo Maweu as chairman and secretary, respectively.
According to the State, he committed the offence on November 28, 2009 at Makueni in Machakos and in Nairobi,l with accomplies and with the intention to commit fraud.
In his affidavit, Mr Mutua said on February 2, 2009 that he received instructions from Malili Ranch, for his company, E.K. Mutua & Co Advocates, to act on its behalf following a tender the ministry advertised in the dailies.
The tender was for purchase of 3,000 acres of land.
He subsequently received a duly signed board of directors resolution on the sale of 5,000 acres of land of LR.No9918/3 or any other parcel owned by the company.
Justice Korir issued a temporary order restraining police and the DPP from arresting, detaining, charging or prosecuting Mr Mutua pending determination of the petition.
The application will be heard on February 18, 2020.
[Full article: Daily Nation, by Joseph Wangui]
