Suspended Higher Education minister William Ruto (right) and his co- accused Joshua Kulei (centre) and Baringo Central MP Sammy Mwaita (left) in court October 26, 2010. Photo/FILE
By JILLO KADIDA Jkadida@ke.nationmedia.com
Posted Wednesday, February 9 2011 at 22:46
Two documents that were relied on in investigations into the alleged fraudulent sale of land by a suspended Cabinet minister had vital information missing, a court was told.
At the same time, another witness told the Sh96 million fraud trial that those facing charges were holding the titles to the land on behalf of the Kenya Times Media Trust. (Read: Ruto out of Cabinet to face fraud charges)
And because of the missing information, Mr Isaah Ouma on Wednesday said he told the investigating officer that the documents might not have originated from the Lands ministry’s Survey department.
The missing information includes land reference numbers. Mr Ouma, a surveyor, told the court that both the deed and survey plans he was shown by the investigating officer in relation to the fraud case against Eldoret MP William Ruto also had conflicting information.
According to Mr Ouma, the survey plan used in investigating the fraud case was completed on July 27, 2001 while the deed plan is dated October 24, 1996.
The deed plan was prepared before the survey took place. Normally the survey is conducted first and a deed plan is made afterward based on that survey, he said.
Another witness, Mr David Kipkemei said more than 30 forest land titles owned by Kenya Times were deposited with the Transnational Bank to repay an outstanding loan.
The titles, the witness said, were registered in the names of some of the companies now in court facing charges over the sale of the land in question.
All these companies did, he said, was to hold the land in trust for Kenya Times and transfer them to the bank.
According to the witness, Kenya Times did not want the titles registered in its name because of fears that once this happened, the parcels of land would be seized by the auctioneers.
The two were testifying in a case in which Mr Ruto, Baringo Central MP Sammy Mwaita and Mr Joshua Kulei are accused of fraudulently receiving Sh96 million from the Kenya Pipeline Company on pretext of selling land in Ngong Forest.
Mr Kulei is accused of stealing Sh58.7 million from the KPC in 2001 and Mr Ruto of accepting at least Sh38.8 million from former KPC manager Hellen Njue by pretending he was able to sell the forest land to the oil company.
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