, NAIROBI, Kenya, July 4 – High Court Justice Weldon Korir on Friday declined to suspend criminal proceedings against former Minister Amos Kimunya pending determination of an application for the termination of the case.
Kimunya is charged alongside former Director of Land Adjudication and Settlement Lillian Wangiri and Midlands Limited Chairman Junghae Wainaina.
The judge did however rule that their application would be heard and determined expeditiously so as not to be rendered nugatory by the conclusion of the corruption case against them before the Magistrates’ Anti-Corruption Court.
The accused want the High Court to terminate the corruption case against them on the grounds that it’s being used to coerce them into giving up their investment in the Njabini property that is under contention.
They were charged on March 17 over the 25-acre property in Nyandarua with abuse of office and fraud before being released on bail.
READ: Kimunya denies charges, freed on Sh1mn cash bail
The Office of the Director of Public Prosecutions sanctioned the charges against them on the recommendation of the Ethics and Anti-Corruption Commission which said investigations showed that they conspired to defraud the Ministry of Agriculture when Kimunya was the Minister of Lands.
Kimunya and Wangiri are accused of allocating the Sh60 million piece of land to Midlands from 75 acres that belonged to the Ministry of Agriculture and that had been reserved for a potatoes seed multiplication project.
READ: Kimunya arrested over irregular land deal
EACC accused Kimunya of failing to disclose at the time that he was not only a shareholder but a director but Kimunya has denied breaching the public’s trust when he served as Lands Minister between 2002 and 2006.