27 April 2014

Kenya: DPP Recommends Senior Counsel to Review Malili File

Nairobi — Director of Public Prosecution (DPP) Keriako Tobiko has recommended appointment of an independent Senior Counsel to review the investigations file on the controversial sale of Malili land.

Tobiko says this will help avoid conflict of interest in the parties involved considering that Law Society of Kenya Chairman Eric Mutua who is one of the persons recommend by Director of Criminal Investigations for prosecution is an active member of the advisory board of office of the DPP.

Tobiko says for justice to be seen to be done he recommends an outsider be appointed in accordance with the law to re-examine the file.

"To avoid any potential conflict of interest situation, I have after serious reflection decided that the investigation file be independently reviewed and advised on by a Senior Counsel from private practice who shall be appointed in accordance to the law," Tobiko said in a statement.

Others recommended for charges by CID yesterday were Machakos Senator Johnson Muthama, former Information and Communications Permanent Secretary Bitange Ndemo, Peter Kanyi, Julius Kilonzo, Kamotho Waiganjo and Munene Mutinda.

"Yesterday I received from the Director, Criminal Investigation Directorate (DCI) an investigation file on the allegations of misappropriation of Sh1billion paid by the government of Kenya for the purchase of Sh5,000 acres of land at Malili Ranch," he said, "following that investigation, DCI had recommended that a number of individuals be charged with various fraud related charges."

Earlier on, Mutua denied the allegations that he masterminded the questionable sale of land belonging to Malili Ranch.

He however said he was ready to face trial based on the police allegations and directive.

"As the advocate in the transaction I received the proceeds of the sale. I disbursed the sale proceeds to different persons and entities as per written instructions by the client. There is nothing wrong that I did in the transaction," Mutua said.

He is alleged to have irregularly paid Sh147.6 million for plots sold to the government.

The 5,000 acres of land were purchased for the development of the Konza City.

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