The Court of Appeal in Nairobi has ruled that former Kipipiri MP Amos Kimunya must present his defense in a case involving the alleged irregular allocation of public land to a private company.
Kimunya, a former Housing Minister, is set to stand trial alongside Lilian Wangiri Njenga, a former director of land adjudication and settlement, and Junghae Wainaina, a director at Midlands Limited.
A three-judge panel—Justices Patrick Kiage, Fatuma Sichale Ali-Aroni, and Lydia Achode—determined that the Director of Public Prosecutions (DPP) had provided enough evidence to justify a trial. The judges dismissed the appeal filed by the accused and upheld a High Court ruling, paving the way for the case to proceed.
The trial will continue at the Chief Magistrate’s Anti-Corruption and Economic Crimes Court.
Kimunya and his co-accused face multiple charges, including abuse of office, failure to disclose a private interest, fraudulent disposal of public property, and breach of trust by a public officer.
The charges stem from the alleged transfer of a 25-acre parcel of land—Nyandarua/Njabini/5852—initially allocated to the Njabini Agricultural Training Centre, a government facility dedicated to agricultural development.
The prosecution claims the land, which was under the Settlement Fund Trust (SFT), was illegally transferred to Midlands Limited, where Kimunya was allegedly a director and shareholder.
Prosecutors argue that the accused facilitated the transaction without following legal procedures or securing necessary approvals.
Kimunya served as the Minister of Lands and Settlement during former President Mwai Kibaki’s tenure. He also served as Minister of Finance as well as Minister of Trade.
The Chief Magistrate’s Court initially acquitted Kimunya and his co-accused, ruling that the prosecution had failed to prove a prima facie case. However, after an appeal by the DPP, the High Court overturned the acquittal and ordered a retrial.
The accused then took the matter to the Court of Appeal, arguing that the High Court’s decision undermined their right to a fair trial.
However, appellate judges dismissed their appeal, clarifying that the High Court had only determined there was enough evidence for a trial—not ruled on guilt or innocence.
The case is scheduled for mention on April 7, 2025, at the Anti-Corruption and Economic Crimes Court for further directions.
