"I did not commit fraud," Kimunya defends self in Sh60m land scandal

Former Lands Minister Amos Kimunya has denied any involvement in the alleged fraudulent transfer of Sh60 million public land in Nyandarua County to the private company Midlands Limited. 

Kimunya, who served as Lands Minister during the alleged transactions in 2005, rejected all five corruption-related charges facing him, including abuse of office, failure to disclose a private interest, fraudulent disposal of public property, and breach of trust by a public officer.

In his defence, the former Cabinet minister discredited the prosecution’s allegations and described the trial as an 11-year-long ordeal fueled by misunderstanding and misdirected investigations.

Kimunya, a former powerful Cabinet minister during President Mwai Kibaki’s administration, is charged alongside Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands Ltd, with the fraudulent acquisition and irregular disposal of the 25 acres public land, initially allocated to the Njabini Agricultural Training Centre (ATC), a public institution.

“I did not commit any act of fraud,” Kimunya told the court.

 “Nobody has even brought any evidence to this court that there was even one of the five elements of fraud that came into play in this matter.”

Kimunya has consistently maintained that as Minister of Lands at the time, he neither participated in nor facilitated the transaction in question.

During his testimony before Chief Magistrate Harrison Baraza at the Milimani Anti-Corruption Court, led by defence lawyer Kirathe Wandugi, he dismissed claims that his office had any role in transferring the land to Midlands Ltd

“Is it your testimony before this court that your office as the Minister of Lands did not participate in any manner whatsoever regarding these transactions?” asked Wandugi.

“That is true,” Kimunya responded emphatically.

However, the former Cabinet Minister maintained that the allegations against him were politically and personally damaging and based on an incorrect understanding of his role in government.

“Midlands Was Not a Government Entity”

In response to questions from his lawyer Wandugi, Kimunya clarified that Midlands Limited was not a government entity and thus could not be considered as having benefited illegally from public land.

"Midlands Ltd was never a government entity, but rather a public company formed by farmers in Nyandarua seeking to add value to their produce and escape poverty.

“Midlands Limited was a public company owned by close to 3,000 or 4,000 farmers within Nyandarua,” Kimunya explained. 

“It was incorporated by farmers, private individuals, seeking to add value to their produce and stabilise market prices. It was never a government institution.”

According to the prosecution, the land was allegedly transferred in 2005, during Kimunya’s tenure.

However, Kimunya argued that the alleged parcel, Land Reference Number 5852, did not even exist in 2004,  the date cited in Count Four of the charge sheet.

“Your Honour, on the June 13,2004, LR 5852 did not exist,” Kimunya said, asserting that the charges were based on a non-existent transaction date.

 “Even from all the other evidence in court, nothing had happened on that land by that date. The property came into existence in 2005. Even if I had the power, I could not have disposed of land that didn’t exist.”

He went on to explain that government procedures are often misunderstood by outsiders and that in this instance, the blame was wrongly placed on him.

“It has been an unfortunate journey from 2014 to 2025, eleven years of being dragged through the courts because of someone misunderstanding what was supposed to be done,” said Kimunya.

“The then Permanent Secretary for Agriculture wrongly assumed that one owns land simply by occupying it. He did not check the title deeds or bother to understand how the Settlement Fund Trustees (SFT) system worked.”

Kimunya also criticized the Ethics and Anti-Corruption Commission (EACC) and its lead investigator, whom he accused of lacking basic understanding of land laws.

“The investigator, who is a valuer by training, confessed in court that he never looked at the law relating to the Settlement Fund Trustees. He just followed rumors and recommendations and decided I should be prosecuted, simply because I was the Minister of Lands.”

Pressed further on whether he personally benefited from the alleged land fraud, Kimunya dismissed the idea:

“Your Honour, this case has cost me a lot. My shareholding in Midlands was only 0.016 per cent. If the land were to be divided among all shareholders, I’d have received a piece no bigger than a handkerchief.”

Further, pressed on whether he had ever signed any letter offering the land to Midlands, Kimunya was categorical: “I never saw any letter of offer issued to Midlands by me or my office. I was not involved.”

His legal team also referred to a document known as a discharge of charge signed in January 2006 by the then Permanent Secretary of Agriculture, whom Kimunya referred to as “the ultimate custodian” of the land.

According to the former Cabinet minister, the PS, as the officer administering the land under the Settlement Fund Trustees (SFT), signed off that all procedures had been followed in the land’s registration.

“PS appeared before the Ministry’s legal officer and certified the transaction. Yet, in court, he claimed not to have full knowledge of the SFT process,” Kimunya said, accusing the prosecution of cherry-picking witnesses.

“Unfortunately, the person who was at the heart of this transaction, former PS Kombo Mwero was never brought to court, not as a witness nor as an accused. The investigator simply said he would ‘not add value to the case. That was shocking,’” Kimunya told the court.

When asked whether the trial had affected his personal and public life, he spoke emotionally about the toll it had taken.

“It’s been an unfortunate journey,11 years of being dragged through the courts due to a misunderstanding. Every time I appear in public, people see a fraudster. It’s caused unnecessary anxiety for my family and friends,” he said.

Kimunya did not shy away from commenting on his dramatic arrest in 2014, where the investigators termed him as "The Big Fish"

“Your Honour, I was branded corrupt. The whole weekend was filled with headlines that read ‘Kibaki’s Good Boy Falls.’ Cameras surrounded the courtroom. It was all drama, and it was meant to humiliate. My family, my friends, and I have lived under the weight of a lie for over a decade.”

“Every time someone sees you after a corruption charge, they see a thief. They forget your public service, your sacrifice. But I know there’s a God in heaven. Perhaps one day, I’ll be vindicated,” Kimunya told the magistrate.

The prosecution alleged that the former Cabinet minister, abused his position as Minister of Lands, failed to disclose a private interest, misused public office, and fraudulently facilitated the disposal of public property.

However, the defence insisted that no evidence links him to any wrongdoing.

During the hearing, Kimunya emphasized that he neither instructed nor signed any documents relating to the transaction, and crucially, that the title in question only came into existence after the alleged offense date.

“Even if I had the power, I could not have disposed of a property that did not exist.”

The defence hearing continues.