A Nairobi court yesterday said five senior former President Daniel arap Moi’s allies who are accused of defrauding 477 acres of land worth more than Sh954 million belonging to an 81-year-old widow in Eldoret, Uasin Gishu county have a case to answer.
In his ruling, Milimani chief magistrate Francis Andayi said that the prosecution has proved the case against former Kenya Pipeline Company managing director Ezekiel Komen, former Eldoret District Commissioner Benjamin Rotich, Tom Chepkwesi, Erick Tarus and businessman Benjamin Kuto beyond reasonable doubt.
“After analysing the evidence adduced by the prosecution witnesses, l find that the prosecution has proved a prima facie case against the five accused persons. At the same time, l find that their co-accused Agnes Gerald Wangu Kuria has no case to answer,” ruled the magistrate.
During the hearing of the case investigating officer Corporal Thomas Oloo attached to the Directorate of Criminal Investigations (DCI) headquarters, Nairobi explained to the trial court how the accused grabbed the piece of land pretending that the government had acquired it to set up a settlement scheme over 10 years ago.
In his evidence in chief, Oloo produced a bundle of documents showing how the accused grabbed the prime land belonging to Anne Kimetei Nyogi. He also tabled several documents which he told the court were used in defrauding the widow.
The witness told the court one of the accused namely Chepkwesi was the registrar in charge of Eldoret land registry when the property was fraudulently acquired. He told the trial court that there is no legal documentation showing the government bought the land or acquired the land and that purported minutes of a land committee that sanctioned the acquisition were “falsehoods.”