NAIROBI, Kenya, Apr 25 – The Criminal Investigations Department (CID) has recommended charges against Machakos Senator Johnson Muthama and former Information and Communications Permanent Secretary Bitange Ndemo over the questionable sale of 5,000 acres of land at the Malili Ranch.
In a letter addressed to the Director of Public Prosecutions, the CID wants Muthama and four other people charged for conspiracy to defraud and using false pretences to obtain money.
The five are also accused of making illegal documents and committing the offence of stealing during the sale of the piece of land.
Those recommended for prosecution with Muthama are Eric Mutua, Peter Kanyi, Julius Kilonzo, Kamotho Waiganjo and Munene Mutinda.
The CID has recommended that Ndemo, James Waweru who worked at the Attorney General’s office and Zablon Mabea formerly a Commissioner of Lands be charged for abuse of office and using their positions to facilitate the inappropriate land transaction of the Malili Ranch.
The CID said the complainants – who are shareholders of the Malili Ranch – have protested that the land in question was sold without authorisation.
They further alleged that they were underpaid after the sale, whereas some have not received any share from the land deal.
They lamented that those paid got between Sh160,000 to Sh460,000 against the expected Sh1.56 million for the portions of land they owned out of the 5,000 acres.
According to the CID investigations there were irregularities as alleged by the shareholders.
During the inquiry by the police, a lawyer identified as Eric Mutua who is allegedly the “mastermind of the whole scam” failed to account for Sh14,525,387 that was in his account.
He is alleged to have irregularly paid Sh147.6 million for plots sold to the government.
Ndemo is said to have presented an offer letter to Malili Ranch without conducting a search at the Registration of Lands.
He is further alleged to have ignored directives of the Solicitor General on, “sale agreement and the percentage of money to be paid before the process commences as an undertaking.”
Muthama on the other hand is alleged to have held a Special General Meeting on November 29, 2009 in which shareholders agreed to abandon ‘instructions to Mutua and in his place had Kamotho Waiganjo so as to act as a cover-up.’
The Machakos Senator is accused of facilitating change of office bearers at the Malili Ranch with a replacement of officers that could dance to the tune of his instructions.
Mutua and Muthama are further accused of forging minutes of a board of directors which Mutua is alleged to have been using to cover up misuse of the Malili Ranch funds.