In a statement Mutua said he did not commit any offence in the sale of the 5,000 acres of land.
“As the advocate in the transaction I received the proceeds of the sale. I disbursed the sale proceeds to different persons and entities as per written instructions by the client. There is nothing wrong that I did in the transaction,” Mutua said.
He said based on the police allegations and directive that charges be pressed against him, he is ready to stand trial.
However if the court passes an innocent verdict, Mutua vowed to sue individually those he accused of maligning his name by implicating him.
The lawyer dismissed the allegations as attempts to taint his image and a motive of witch-hunt.
“If a not guilty verdict is passed I will sue all the persons (in their personal capacity) involved in this orchestrated campaign to intimidate me and malign my name. I very strongly believe that this is an attempt to silence my push for accountability and respect for the rule of law. It is nothing but a witch hunt and a fragrant abuse of office,” Mutua complained.
According to the lawyer, he acted as an advocate for Malili Ranch after receiving the proceeds after selling the land and distributed the same as per the instructions given to him.
“The issue of whether or not the shareholders had given consent to the sale was subject of a criminal case where the directors had been charged in court and after presentation of evidence the court acquitted them,” Mutua explained.
He further alleged that his clients raised concerns that they had been asked by a CID officer to change their statements to say that they were forced to sign some resolutions.
Mutua said after learning that from the clients he recorded a statement with CID office and also asked the Office of the Director of Public Prosecutions to look into the matter.
On Friday the CID directed that Mutua, Machakos Senator Johnstone Muthama, Information and Communication Permanent Secretary Bitange be charged alongside five others be charged for the questionable sale.
The CID letter indicated that during the inquiry by the police, Mutua who is allegedly the “mastermind of the whole scam” failed to account for among other questionable amounts of money, Sh14,525,387 that was in his account.
He is alleged to have irregularly paid Sh147.6 million for plots sold to the government.
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.