PHOTO | FILE Machakos Senator Johnstone Muthama. The Criminal Investigations Department wants Muthama and Law Society of Kenya chairman Eric Mutua arrested and charged with fraud. NATION
Police want Machakos Senator Johnstone Muthama, former PS Bitange Ndemo and Law Society of Kenya chairman Eric Mutua charged with fraud.
The CID has written to the Director of Public Prosecutions, Mr Keriako Tobiko, recommending their arrest and six others after obtaining evidence linking them to fraud, theft and forgery in the Sh1 billion Malili ranch scandal.
The other suspects include Commission on Implementation of the Constitution (CIC) commissioner Kamotho Waiganjo, Mr James Waweru, formerly of the Attorney General’s office and former Lands Commissioner Zablon Mabea.
Also in the list are Mr Peter Mutua Kanyi, Mr Julius Maweu Kilonzo and Mr Alphone Munene Mutinda.
The recommendations follow investigations by the CID on the alleged misappropriation of Sh1 billion paid by the government to purchase 5,000 acres from Malili ranch.
On Friday, Mr Muthama dismissed the allegations against him, terming them a scheme by the national government and the county government of Machakos to intimidate him.
“They can come and arrest me. But that will not kill me. I will come out and deal with them through the courts. The whole world knows these are mere fabrications manufactured to intimidate outspoken personalities,” Mr Muthama said.
The letter, dated April 22, alleges that Mr Muthama purportedly held a special general meeting on November 29, 2009 where shareholders withdrew instructions from Mr Mutua and gave them to Mr Waiganjo “so as to act as a cover-up”.
Reads the letter: “Hon Muthama is also accused of having initiated the change of office bearers at the Malili Ranch so that he could have officials that would heed his instructions.”
Speaking to the Saturday Nation from Spain, Mr Mutua dismissed the CID recommendations as a desperate attempt to intimidate him and to silence him due to his influential position.
“I know their trick. It is a desperate political attempt to embarrass me as the LSK chairman by smearing something on me. I have already written to the DPP’s office complaining about this matter and the way the CID was handling it.”
The CID claim that Mr Mutua, as the company’s secretary, was unable to account for Sh14,525,387 found in his account during investigations and an extra Sh9.3 million interest earned on a fixed deposit account bearing proceeds of the sale.
Mr Mutua is further accused of irregularly paying Sh64 million as compensation for non-existent development and irregular payment of Sh147.6 million for pieces of land outside the actual plot identified for sale to the government.
Mr Tobiko on Friday confirmed receipt of the letter and promised a thorough evaluation of the attached report before acting.
“I have just received it today and we shall look at it thoroughly and independently then make our own decision,” Mr Tobiko told Saturday Nation.
In 2010, Mr Waiganjo said he had returned millions of shillings owed to farmers who sold their land at Malili ranch.
He did so because the deal was fraught with many irregularities and queries he had raised were not addressed.
Mr Waiganjo explained his firm was approached after a fall-out between Malili Ranch and its lawyers.
Dr Ndemo, then Information and Communications permanent secretary, said at the time that the last tranche of Sh600 million was released to Erick Mutua & Company Advocates.
The police want him and Mr Mabea charged with abuse of office. They claim that Dr Ndemo failed to exrcise due diligence during the transaction to acquire the land to set up an IT hub in Malili, now commonly known as Konza City.
“Dr Ndemo, Mr Waweru and Mr Mabea should be charged with abuse of office for improperly conferring a benefit to Malili Ranch Ltd,” say the police.
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