, NAIROBI, Kenya, May 28 – The Criminal Investigations Department (CID) has now asked the Director of Public Prosecutions (DPP) not to prosecute lawyer Kamotho Waiganjo over the controversial sale of Malili Ranch.
According to a letter sent to the DPP last Wednesday, the CID further indicated that there were no irregular transactions carried out by Waiganjo as earlier alleged when the department made recommendations that he and other suspects be prosecuted for the offence of conspiracy to defraud.
“In light of the above, you may reconsider our recommendations based on his further revelations and documents provided by Waiganjo. It seems there was no full disclosure from Kamotho and (LSK chairman Eric) Mutua which made our office make the specific recommendations in regard to Waiganjo,” Samuel Nyabengi on behalf of CID indicated in the letter.
The department explained that Waiganjo later furnished the investigators with supporting bank documents which negated some of the allegations included in the earlier recommendation for his prosecution.
He said a transfer of Sh76 million to a company owned by Kangundo MP Johnson Muthama and his daughter was not linked to Malili as had been assumed initially due to the fact that the Machakos Senator is a suspect in the Malili probe.
Nyabengi indicated that Waiganjo presented supporting bank statements which show that money paid to his account by Mutua’s firm was Sh64.9 million and not Sh76 million as earlier stated.
It was established that this amount (Sh64.9mn) was paid back to Mutua’s law firm.
Another transaction which the CID earlier thought was Malili funds amounted to Sh15 million between him and Mutua’s law firm, which after probing emerged was a loan to purchase property and had no links with Malili Ranch.
In April, CID asked the DPP to charge Muthama, LSK’s Mutua, former PS Bitange Ndemo and four others including Waiganjo over the questionable sale of 5,000 acres of land at the Malili Ranch.
DPP Keriako Tobiko appointed Senior Counsel, Paul Muite to review the Malili files.