Lawyer Kioko Kilukumi (left), and his client Eldoret North MP William Ruto in a Nairobi court. PHOTO / FILE
By MAUREEN NGESA
Posted Monday, March 28 2011 at 15:08
Posted Monday, March 28 2011 at 15:08
A Nairobi court will in two weeks decide whether to acquit suspended Cabinet Minister William Ruto on fraud charges totalling to KSh96 million.
Chief magistrate Gilbert Mutembei will on April 12 give his ruling on an application in which Mr Ruto, Mr Joshua Kulei and former commissioner of lands Mr Sammy Mwaita want to be acquitted.
In their application, the three wanted to be released and the charges against them dropped on the basis that there was no evidence against them.
The suspended minister said he had nothing to do with the plots he is said to have fraudulently sold to the Kenya Pipeline Company (KPC).
He argued that there was no evidence linking him to the four companies mentioned in the case, adding that criminal charges against him were malicious and baseless.
In his papers, Mr Ruto told the court the 32 plots in question were the property of Kenya Times Media Trust, which is said to have registered the plots under “nominee companies” because the media house was allegedly in debt.
Mr Ruto is accused of pretending to be in a position to sell government land to KPC. The MP is said to have fraudulently received Sh38.8 million.
Mr Kulei on the other hand is said to have stolen Sh58.8 million from KPC an allegation he has denied.
Witnesses
The prosecution called in 20 witnesses to testify against Mr Ruto, Mr Kulei and Mr Mwaita.
The state, through lawyer Vincent Wahoro, has objected to their acquittal saying the three should defend themselves against the charges.
In his response, Mr Wahoro has insisted that the evidence he brought to court was enough to show that the three had cases to answer and should therefore not be released.
“The sale of the parcels of land in Ngong forest was done on knowledge that the parcels had not being degazzetted,” said Mr Wahoro.
According to the state, there was sufficient evidence that the accused persons received payments for the sales of the forest land.
“The monies were paid to the advocates acting on behalf of the companies associated with the accused persons.”
Mr Ruto has since denied receiving any cent from KPC.
In case there application for acquittal is turned down by Mr Mutembei, the three will have to defend themselves.
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