Former Majority leader in the National Assembly Amos Kimunya has lodged an appeal before the Court of Appeal challenging the decision by the High Court that reversed the lower court decision to acquit him.
Kimunya and co-accused Junghae Wainaina and Lilian Wangiri appeared in court on Monday, October 31, 2022, to inform the new trial magistrate Peter Ooko how they will tender their defence in the graft case.
On her part, Wangiri through lawyer Daniel Musyoka said that she has filed a review application at the High Court challenging a decision to have the current trial magistrate Ooko hear and determine the case. She wants the former trial magistrate Felix Kombo who acquitted them to continue handling the matter.
The former Kipipiri MP was found with a case to answer by the High Court Judge Esther Maina over charges of allocating public land to Midlands Limited, a company associated with him.
He is said to have effected the transfer on June 30, 2005, when he served as Land's minister.
He was charged alongside Wangiri, a former director of land adjudication and settlement within the Land ministry, who also faced a breach of trust charge.
Kimunya was acquitted by the High court on a charge of conflict of interest on grounds that the same was defective as the prosecution failed to prove it beyond a reasonable doubt.
He had been accused that on or about June 30, 2005, at Ardhi house within Nairobi county being Minister in charge of the Ministry of Lands and Housing, whilst knowing the government was not aware of his private interest in Midlands limited failed to disclose that he was a director and allowed allocation of public land identified as Nyandarua Njambini/852 to the said company.
All accused persons are expected to defend themselves on allegations of abuse of office, fraudulent disposal of public land, and breach of trust.
Meanwhile, the Milimani Anti-Corruption Magistrate Peter Ooko on the same Monday issued summons against Atundo and Macharia Advocates acting for Midlands Limited after it emerged that the former directors who are Kimunya's co-accused Junghae Wainaina had ceased being directors.
The new development in the matter came after Wainaina's lawyer informed the court that his client had ceased being a director in the company and will not defend the firm in the allegations of defrauding government land situated in Nyandarua county worth Ksh60 million.
"I hereby issue summons to the against Atundo and Macharia Advocates representing Miland Limited to explain who will defend the company in the proceedings. The case is adjourned to November 18 when the accused will give directions on their defence in accordance with Section 200 of the Criminal Procedure Code(CPC)," Magistrate Ooko directed.
