Former Housing Minister and MP Amos Kimunya has suffered a blow after the appeal court reopened his corruption case and directed him to defend himself in the case that had been terminated.
In the case, Kimunya, alongside Lilian Wangiri Njenga, a former Director of Land Adjudication and Settlement, and Junghae Wainaina, a Director of Midlands Limited were charged with irregular allocation of public land to a private company.
The Lower magistrates court had acquitted him saying he had no case to answer leading the DPP appeal and the high court ordered for a retrial which Kimunya challenged at the appellate court but has lost.
Justices 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 Kimunya and upheld the earlier High Court ruling.
The case will proceed at the Chief Magistrate’s Anti-Corruption and Economic Crimes Court for further hearing and determination.
Kimunya and his co-accused are 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 Midlands Limited, where Kimunya is said to have been a Director and Shareholder.
The prosecution claimed that 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.
