Law Society of Kenya (LSK) chairman Eric Mutua could be enjoined in a criminal case against Machakos Senator Johnstone Muthama and five others.
The CID has recommended to the Director of Public Prosecutions (DPP), Mr Keriako Tobiko, that Mr Mutua (pictured) be charged as a key suspect in the fraud case.
Muthama and former Information and Communications Permanent Secretary Bitange Ndemo are facing charges of theft and abuse of office over the controversial sale of Malili Ranch in Machakos County to the government for construction of Konza Technology City.
Others facing charges are Ronald Musengi, former Lands commissioner Zablon Mabea, Julius Maweu and Julius Nzyuko.
They were accused of stealing over Sh179 million being proceeds of the sale of 5,000 acres of land by Malili Ranch Ltd to the government.
The CID director, Mr Ndegwa Muhoro, says in a letter that Mutua should not have been left out as he was a key suspect and the main player in the alleged fraud.
“Mutua (pictured) was involved at every stage of the misappropriation of the monies in question and failing to charge him in court clearly weakens the prosecution’s case,” says the letter.
“This office has continued receiving representations that have been addressed to your office amongst others. The import of these many representations is that my and your office might have been compromised to come up with a recommendation that dropped the names of the two crucial suspects,” reads part of a confidential letter addressed to the office of the DPP and singed by Mr Muhoro.
He claims Mutua failed to account for Sh14.5 million.
“We strongly recommend that the case be reviewed and Mutua and Peter Kanyi be enjoined in the current charges. This is the only way that the strongly justified representations by concerned Kenyans on this matter can be put to rest.”
Mutua has consistently denied allegations of masterminding the sale. He says he only acted as an advocate in the matter. Yesterday Mutua told The Standard on Saturday: “I don’t know why they would write a letter like that because this matter is in court.
Constitutionally, there is an office that has been given the mandate to review and make recommendations. If a decision has been made and the matter has been taken to court, then I cannot discuss it,” Mutua said.
