Ruto's fraud case fails to kick off

By EVELYN KWAMBOKA
The Sh96 million case against suspended Higher Education Minister William Ruto failed to kick off Monday as one of the accused, Mr Joshua Kulei, opted for a plea-bargain.
This is an out-of-court settlement offered by the public prosecutor to a defendant.
Attorney General Amos Wako has already approved Kulei’s request for the settlement that is also related to the Sovereign Group of Companies. The terms of the proposed settlement are yet to be revealed.
Apart from Kulei, the Sovereign Group of companies, the AG’s office, Kenya Pipeline Corporation and the Criminal Investigations Department are to be represented in the plea-bargain, which must be completed by Wednesday.
Under the Criminal Procedure Rules Section 137, the court is not allowed to participate in such talks. In practice, plea-bargains allows defendants and prosecutors to avoid a full trial. In return the defendant may agree to appear as a witness in the case or any related to it, or offer some form of restitution.
The lawyer for Sovereign Group of companies, Timothy Naeku, told the court his clients needed to consider conditions proposed by the AG before reaching a settlement.

Eldoret North MP William Ruto at a Nairobi Law Court during the hearing of case in which he and two others are accused of illegally selling a plot to Kenya Pipeline Corporation, making it lose more than Sh272 million. [PHOTO: EVANS HABIL/STANDARD]

Kulei and the Sovereign Group of Companies are charged that between August 6 and September 6, 2001, jointly with others not before the court, he stole Sh58,753,247, being KPC’s property.
Chief Magistrate Gilbert Mutembei adjourned the case yesterday to Thursday, after Naeku and Principal State Counsel Vincent Wohoro informed the court of the latest development.
Interpreted
Naeku told the court the bargain offer was being made under Section 137(E) of the Act that states a plea agreement shall be in writing, and shall be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands.
The document is to be signed by the prosecutor and the accused person or his legal representative. The Act further states that the complainant shall sign it if a compensation order is included in the agreement.
However, the court must first be satisfied that there exists a factual basis for the plea bargain agreement before recording it.
Prejudicial
Yesterday, Ruto opposed the application to adjourn the hearing on grounds that he was on suspension as a minister, and wanted the case to be concluded as soon as possible.
Ruto’s lawyer, Kioko Kilukumi, said adjourning the hearing would be prejudicial to him.
"The two do not face common charges with the other accused persons. The prosecution can withdraw the charges against the two, but to tie the first accused person (Ruto) to the destiny of the two, would be unfair," said Kilukumi.
The prosecution has 20 witnesses and yesterday, four were bonded to give evidence in the case against Ruto, Kulei, Mwaita, Berke Commercial Agencies, Priority Limited, Celtic Multi-Systems Limited, Sovereign Group of companies and Somog Limited. The trial magistrate had set 12 days for the hearing, and the first four days were to be January 24 to 27. Others will be February 1 to 3 and February 7 to 10.