The Nation (Nairobi)
Jillo Kadida
1 July 2009
Nairobi — Chief Justice Evan Gicheru has appointed a three-judge bench to hear an application challenging a Sh96 million fraud case against Cabinet minister William Ruto.
The judges, whose names have not been announced, will start hearing the application filed by Agriculture minister William Ruto on September 22.
Mr Ruto is challenging the Sh96 million fraud charges against him and he wants the court to determine whether a commercial transaction involving public land and for which titles were issued with the blessings of a head of State can attract criminal sanction.
In his application, the minister is also seeking for a declaration that the criminal charge against him is an abuse of court process as it was not initiated within reasonable time, and should be dismissed.
He also wants the court to determine whether his being dragged to court has violated his constitutional rights.
The fraud case was filed in court five years ago but its hearing has not started because the minister filed an application saying the prosecution amounted to violation of his fundamental rights.
Mr Ruto has been charged alongside seven others for allegedly claiming that they were in a position to sell 1.745 hectares.
Others charged are Baringo Central MP Sammy Mwaita, retired President Daniel Moi's aide, Joshua Kulei, Berke Commercial Agencies, Priority Limited, Celtic Multi-Systems Limited and Somog Limited.
The charges at the lower court say that Mr Ruto fraudulently obtained millions from the then Kenya Pipeline Company manager, Ms Hellen Njue, by pretending he was in a position to sell KPC land situated in Ngong Forest.
The case was first set for hearing before a three-judge bench comprising Justices Joseph Nyamu (now appellate judge), Roselyne Wendoh and George Dulu, but it could not proceed because one of them was elevated to the Court of Appeal.
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