Ex-MP Amos Kimunya placed in his defence in land case

Kimunya, a former housing minister, alongside Lilian Wangiri Njenga, a former director of land adjudication and settlement, and Junghae Wainaina, a director of Midlands Limited, will now face trial following the court's decision.  

A three-judge bench comprising Patrick Kiage, Fatuma Sichale Ali-Aroni, and Lydia Achode affirmed that the Director of Public Prosecutions (DPP) presented sufficient evidence to establish a prima facie case. The judges dismissed the appeal filed by the accused, upholding an earlier High Court ruling.  

The case will proceed at the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and determination.  

The accused face charges including abuse of office, failure to disclose a private interest, fraudulent disposal of public property, and breach of trust by a public servant.   

The charges arise from the alleged transfer of a 25-acre parcel of land—Nyandarua/Njabini/5852—originally allocated to the Njabini Agricultural Training Centre, a government facility supporting agricultural development. 

The land, under the Settlement Fund Trust (SFT), was reportedly transferred to Midlads Limited, where Kimunya is said to have been a director and shareholder.  

The prosecution claims the accused unlawfully facilitated the transaction without securing necessary approvals or adhering to due process.  

Initially, the Chief Magistrate’s Court acquitted the accused, ruling that the prosecution failed to establish a prima facie case. The DPP subsequently appealed, leading to the High Court overturning the acquittal and ordering a retrial.  

The accused then moved to the Court of Appeal, arguing that the High Court's decision jeopardized their right to a fair trial. 

However, the appellate judges clarified that the High Court’s findings only addressed the sufficiency of evidence to proceed, without determining guilt or innocence.  

The case is set for mention on April 7, 2025, at the Anti-Corruption and Economic Crimes Court for further directions.