Writes Leo Odera Omolo.

CIVIC societies in Kenya are up in arms against the last week’s court acquittal of the suspended Minister for Higher Education William Ruto and his two OTHER co-accused The civic societies have since been joined by politicians demanding for a re-trial f the duo arguing that justice was not done in the case.

Ruto had faced criminal charge of fraudulently receiving Kshs 296 million from the illegal sale of forest land in Nirobi’s Ngong suburbs.

The Mnister was charged together with the former Commissioner of Land Sammy Mwaita, who is currently the MP for Baringo Cetral Constituency, and the former President Moi’s aide Joshua Kulei.

A Nairobi Chief Magistrate acquitted the trio on the strength that the prosecution had failed to prove its case. Key witnessed was not produced in court to testify whole those summoned by the prosecution turned hostile.

What ha elicited the controversies is the disclosed by the Kenya weekly the SUNDAY NATION, that a key prosecution witness Ms Hellen Njue formerly the Finance Manager of the Kenya Pipeline Corporation {KPC} was offered a new lucrative job by William Ruto in his Ministry of Agriculture docket to forbear her from giving evidence against him {Ruto}.

Ruto knowingly that he was facing a serious fraud case, appointed Njue to the board of trustee of the Coffee Development Fund in 2009 at the time when he had already been charged with the allegation of receiving Kshs 96 million from the KPC a parastatal corporation of the Kenya government.

In today’s edition of the daily nation one of the leading newspapers in this region quoted Mr Emmanuel Dennis the leader of the National Youth Sector Alliance as saying that the case has sparked off the blame game between the police and the prosecution department of the Attorney General’s Office. Each has blamed the other for having done shoddy job and failing to produce booked prosecution witnesses.

According to a court report a total of 18 prosecution witnesses were booked. Five of them have died mysteriously while 13 could not be found to come to court and testify. Those who gave evidence were viewed as having turned hostile to the prosecution case.

In acquitting Ruto and his –co-accused Matembei made it clear that Ms Njue was the most likely to be likely witness which should have testified and tell the court how she paid the money and to who did she handed the money. If she could not be produced in court to testify than it clear that none of the accused persons ever received any money from the KPC.

The prosecution, said the magistrate had failed to prove its case, thus all the accused persons have no case to answer,” the magistrate said.”

Ruto’s appointment of Njue to a parastatal under his Ministerial docket at the time when he was facing fraud charges will be seen as curious considering she was of the key witnesses the prosecution would have relied on in its case.

Njue could have testified against the Minister had the prosecution sought for her statement or called her as a witness, an omission which has been pointed out by the defense lawyers. No explanation was given as to why Njue was not called as a witness.

“Corporate bodies can only act on human beings and not evidence was placed before the court on identity of persons representing the corporate bodies who made false representations to Hellen Njue,” defense lawyers argued.

The NATION report further revealed that at the time of the appointment Ruto was already facing a charge of fraudulently receiving money from Njue, acting on behalf of KPC, by pretending he could sell to the Corporation1.75 hectares of land in the Ngong Forest. The offence is said to have been committed on September 29th April, 2001”The notice was signed by Ruto. Ms Njue tenure at the board ends in April, 2012.

The Coffee Development Fund was established in 2001 to provide credit and advances to the coffee farmers.

Ms Njue’s appointment, according be a member of the board of the Coffee Development Fund for Agriculture appoints ms Hellen Njue for a period of 3 years with effect from April 29, 2009. This revelation has caused the storm within the seemingly shaky coalition government of the PNU and ODM parties. The two principals President Mwai Kibaki and the Prime Minister appeared to have steered clear of the court matters

The report says Hellen Njue as a senior KPC official should have been in court to testify. The prosecution charge sheet of July 27, 2004 did not list Hellen Njue among the ten witnesses in the case despite investigating team asserting that Ruto obtained Kshs 96 million from her by false pretences. This means that she was the complainant alongside KPC, and therefore would have been a prosecution witness.

Ends