Writes Leo Odera Omolo in KisumuCity

FOR the first time since its inception a couple of years ago, the Kenya Anti Corruption Commission {KACC} on Monday this week charged eight people and a private firm with six counts of fraud, abuse of public office and forgery.

The land mark case involved a former resident magistrate and deputy registrar of Kisumu High Court, a senior government land valuer, two senior revenue officers with the Nyando County Council and a director of Kibos Sugar and Allied industries ltd.

Seven of the accused person appeared before the Anti-Corruption Magistrate Court presided over by the Principal Magistrate Kimemia Muneeni at the Kisumu law court.

The accused persons were two auctioneers Ian Gakoi Maina, John Gitau Maina,a land valuer Phillip Odongo Kabita,two revenue officers with the Nyando County Council,Moses Nyabura Osewe and Kefa Lumumba Atunga, Epainto Okoyo,an employee of Kibos Sugar and Allied Industries Ltd, Sukwindr Sigh Chatte a director of Kibos Sugar and Allied Industries Ltd and a firm called Crossly Holding Ltd

The magistrate made an order that each one of the accused person may be released on personal, but court approved bail of Kshs 5 million or alternatively each be released on cash bail of Kshs 2.5 million.

The seven were charged jointly with conspiracy to defraud. The charge sheet presented to court stated that on diverse dates between May 21,2007 and January 30, 2008 with conspired together with intent to defraud Miwani Sugar Company [In official receivership], of its property comprised in all that parcel of land known as Land Register No 7545/3 situated at Miwani by fraudulently causing the same property to be transferred to m/s Crossly Holdings Ltd.

The seven accused persons were also jointly charged with an alternative charge of fraudulent acquisition of public property.It was stated that between January 2007 and January 2008,they fraudulent acquired public property, to wit all the parcels contained inland Register No 7545/3 measuring approximately 9,394 acres belonging to Miwani Sugar Coimpany [1989]Limited [currently under official receivership] The land is valued at Kshs 2.32 billion.

They also faced a charge the third count of an offence of fraudulent acquisition of public property, a charge which is contrary to Section 45[1][a] 128 as read with Section 36 of the under the Anti-Corruption and Economic Crime Act No.3 of 2003.

Moses Nyabura Osewe a senior revenue officer with the Nyando County Council faced a separate charge that of willful neglect of official duty.

The charge sheet presented to court against the accused states that on January 3,2008 at Nyando County Council office at Awasi Town, Nyando district, within Kisumu County the revenue officer with the Nyando County Council while being the person concerned with the administration, custody and management of public revenue, he willfully failed to collect the outstanding land rent and rates while issuing a Certificate of Clearance of Payment of Rates and other charges in respect of all that property comprised L.R.No 7545/3 measuring approximately 9.394 acres of land situated in Kibos Miwani and belonging to the Miwani Sugar Company [1989] [in official receivership].

Sukwinder Singh Chatte, alias Raju Singh a director of Kibos Sugar and Allied Industries and a firm called Crossly Holdings Ltd, were separately charged with fraudulent acquisition of public property.

The charge resented to court by KACC alleged between May 21 2007 and January 30,2008, they jointly and fraudulently acquired public property, to wit ,all the parcel of land contained therein L.R.No 7545/3 measuring approximately 9,394 acres valued at Kshs 2.32 billion belonging to Miwani Sugar Company [1989][In official receivership] situated at Kibos Miwani area.

Epainto Apono Akoyo an employee of Kibos Sugar and Allied Industry was also separately charged in court that between May 21,2007 and January 30,2008,he forged a letter of consent dated 24,December 2007 purporting to be a genuine one issued by the Nyando District Land Control Board consenting to the transfer of all the parcel of land contained there in L.R.7545/3 situated at Kibos/Miwani areas belonging to Miwani Sugar Company [1989] Limited [n official receivership].

The former resident magistrate Abdulkadir Athman Salim Elkindy faced two counts of forgery and that one abuse of public office..

The first count alleged that on or about the day of 19, October 2007, being a public offcer as a Deputy Registrar of High Court at Kisumu Law Court, in abuse of the authority of his office arbitrary executed a notification of sale purporting that an order had been issued by the High Court for the sale of Miani Sugar Company Limited property involved in High Court covo; case number 225 of 1993, an act which was prejudicial to the Rights of Miwani Sugar Company Limited [In official receivership].

The former magistrate was further charged with the offence of an abuse of office. It was stated that on or about the day of 24th December 2007, being the Deputy Registrar of the High Court at Kisumuy Law Court, the accused used his office top improperly confer a benefit to M/s Cross;y Holdings Ltd by irregularly issuing orders in Kisumu HighCouyrt Civil Case Number 225 of 1993 vesting all properties belonging to Miwani Sugar Company Limited[In official receivership] to the said M/s Crossly Holdings Limited.

All the accused paid cash bail and were released. They were represented by a prominent Kisumu based criminal lawyer Mr Ridhard Onsongo of Onsongo and Company Advocates. The case will come up for mention within the next two weeks time.

The KACC sleuths carried out a thorough investigation of this case following recommendation contained in a milestone judgment made two years ago by the former Kisumu Resident Judge Mr Justice John Mwera., who had recommended that several people involved in the fraudulent transfer of the nucleus estates belonging to Miwani Sugar Company Limited be investigated.

Ends

leooderaomolo@yahyoo.com