Kenya MP Ruto cleared of graft charges

Eldoret North MP Wiiliam Ruto (left) and his lawyer Martin ole Kamwaro (right) at the High Court April 12, 2011. Mr Ruto was cleared of graft charges involving the irregular allocation of land in Ngong Forest. PAUL WAWERU

By PAUL OGEMBA
Posted  Tuesday, April 12 2011 at 15:16

Eldoret North MP William Ruto has been cleared of corruption charges involving the irregular allocation of part of Ngong forest 10 years ago.

Also acquitted were his co-accused Baringo Central MP Sammy Mwaita and Joshua Kulei, who was an aide to former president Moi.

They allegedly hived off part of Ngong forest and purported to sell the same to the Kenya Pipeline Company.

Mr Ruto was freed due to lack of evidence linking him to the allegations of obtaining KSh9,916,835 from KPC in September 2001.

Chief magistrate Gilbert Mutembei said the evidence adduced before court by the prosecution was not sufficient to prove that the accused actually received the money from the parastatal.

“The contention of selling land without being procedurally excised from Ngong forest was the basis of drafting the charges. The letter to hive off the forest land was signed by the then Forestry minister and 33 parcels of land allocated to various companies and the consent to hive off part of the forest were obtained from the commissioner of lands," said the magistrate in his Tuesday ruling.

Satisfied

"After the allocation Kenya Times Media Trust obtained the title deeds and deposited them at the Transnational bank. When Kenya Pipeline Company wanted to purchase the land, they sought an independent valuation of the parcels and the then managing director together with the board was satisfied.

"An advocate who acted on behalf of KPC confirmed that the title deeds existed and were genuine, and that the company got value for its money. On allegations that the accused received money from the company, the then finance manager failed to produce evidence to show the transactions. It is therefore clear that none of the accused ever received any money from KPC. The prosecution has failed to prove its case thus all the accused persons have no case to answer," Mr Mutembei said.

Immediately after the ruling, the packed court room, including 10 MPs who accompanied Mr Ruto broke into song and dance, saying truth has finally prevailed.

Political

Mr Ruto, who was suspended from Cabinet to fight the fraud case last October, said after the ruling that his long standing opinion that the case was a political witchhunt had been proved right.

“This was not a civil case against me but political persecution. Finally the truth has come out because the investigations carried out by the CID and anti-corruption officers have found that I am an innocent man,” said Mr Ruto.

Asked whether he will accept reappointment to the Cabinet, the Eldoret North MP was non-committal, saying he could not answer the question at the time.

He said that coming out victorious in the case has given him faith that he will be cleared of all the other cases against him, specifically the case against him at the International Criminal Court.

He is one of six suspected masterminds of the post election violence that left 1,133 people dead and a further 650,000 uprooted from their homes.

Mr Ruto made an initial appearance at The Hague on Thursday where he was informed that prosecutor Luis Moreno-Ocampo will prefer charges of crimes against humanity involving murder, forcible transfer of population, deportation and persecution.