Alleged cartel behind Miwani land saga finally acquitted

Seven suspects in the Sh2.3 billion Miwani Sugar Company land fraud case were acquitted yesterday for lack of evidence.

While acquitting the seven of the charges Justice Ngarngar accused the Ethics and Anti-Corruption commission of doing a shoddy job in investigating the cases. 

“The investigating officers failed to cover very obvious issues to prove the charges,” Justice Ngarngar said.  Thirty witnesses testified in the case.

The anti-corruption court in Kisumu, however, ruled that two suspects in the case which has dragged on for eight years, have a case to answer.

Former magistrate Abdulkadir Elkindy was put on his defense on two counts of abuse of office while Moses Osewe, a revenue officer at the then Nyando County Council, has a case to answer for neglect of official duty by a public officer.

Osewe and Elkindy will be expected to take the defence stand on July 8.

Those acquitted of various charges by Chief Magistrate Julius Ngarngar include Kibos Sugar and Allied Companies chairman Sukwinder Chatte, Ian Mawa and Odongo Katiba. Others are John Kimani (deceased), Kefa Atunga, Epainto Okoyo and Crossley Holdings Limited.

All the nine had been charged with conspiring with the intention to defraud Miwani Sugar Company of property valued at Sh2.32 billion between May 21, 2007 and January 30, 2008.

Some 30 witnesses testified in the case, with a former judge claiming her signature was forged to facilitate the alleged illegal transfer.

“Several witnesses who were expected to testify in the case died before they could take the witness stand while one other suspect also died before the case was concluded,” said Mr Ngar Ngar.

In its case, the prosecution had claimed that the value of the property was Sh2.3 billion but in his ruling, the magistrate said the prosecution failed to provide any evidence to prove the value of the property.

In November last year, a former anti-graft agency detective Stanley Miriti told the court the transfer of the land was suspicious.

He investigated the transfer when he was working at the forensic department of the defunct Kenya Anti-Corruption Commission.

During the course of the proceedings, the court heard that the former magistrate serving as a Deputy Registrar when the offense was committed, executed a notification of sale of the property.

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