9 November 2009
Nairobi — Agriculture minister William Ruto on Monday accused the anti-graft body of discrimination.
While challenging a Sh96 million graft case against him, the Minister said that out of 16 government departments and offices that facilitated the transfer of the land he is accused of selling, Kenya Anti Corruption Commission, he said, chose a few individuals.
Through his lawyer Katwa Kigen, Mr Ruto cited offices such as the chief lands registrar, the directorate of survey, chief valuer, the director of physical planning and the City Council has having been left out in the suit. "All these offices played a role confirming that the land was available for allotment. The land was thereafter surveyed, necessary physical planning and valuation process was conducted for payment of payable premiums," Mr Kigen said.
Mr Ruto further said he was a stranger in the suit since he never received any money from Kenya Pipeline Company (KPC) after the alleged sale of the land. "This is discrimination by mere reasons of circumstances," he said.
The Eldoret North MP, a company associated with him, Berke Commercial Agencies; a former aide of retired president Daniel Moi, Mr Joshua Kulei; and two other companies have been sued for allegedly obtaining money from KPC between August 6 and September 6, 2001.
Mr Ruto was charged with receiving Sh9.9 million from Ms Hellen Njue, then financial manager of KPC, saying he was in a position to sell 1.745 hectares that belonged to the Ministry of Environment and Natural Resources.
He is alleged to have further received another Sh57.8 million for the sale of two parcels of land and another Sh28 million for a parcel of land in the same forest.
And on Monday, the Minister told Justice Jean Gacheche, Leonard Njagi and Roselyn Wendoh that he was sued yet he was merely a director of Berke Agencies. According to him, he made no mistake because the land was allocated to him by the Commissioner of Lands. He said to be seen to be fair, Kacc should have also included KPC's board because they looked at the property and confirmed that it was available for purchase.
He questioned the anti-graft watchdog's 10-year wait saying it showed that there was ulterior motive in filing the criminal charges against him. "There was no reason for the delay. No case has been disclosed and all is a violation of the applicant's constitutional rights," he added.
Lawyer Pravin Bowry for Mr Kulei supported Mr Kigen's sentiments saying the case was fictitious. He said it was wrong for the Attorney General to treat a civil matter as if it was a criminal case.
The hearing continues on Tuesday.
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