Graft case on suspended Lands Cabinet Secretary Charity Ngilu adjourned for one month

Suspended Cabinet Secretary for Lands Charity Ngilu Leaves Milimani Court after a mention of a corruption case against her.13/7/2015 [PHOTO/GEORGE NJUNGE/STANDARD]

The corruption case against suspended Lands Cabinet Secretary Charity Ngilu has been adjourned for a month after one of the suspects was flown to India for treatment.

Former deputy Lands Registrar Geoffrey Birundu left the country on Friday for specialised treatment, forcing the court to adjourn to give him time to heal.

Ngilu is accused of obstructing justice and investigations at the Ministry of Lands by denying Ethics and Anti-Corruption Commission (EACC) detectives from accessing documents relating to the Karen land that was allegedly grabbed by powerful persons in the Government.

She is accused alongside eight others over the alleged grabbing and subdivision of the Sh8 billion piece of land by senior government officials.

During the mention of the case yesterday, Senior Assistant Director of Public Prosecutions Jacob Ondari told Milimani Senior Principal Magistrate Lawrence Mugambi that the case be adjourned in relation to the health status of Birundu.

Ondari said one month will enable Birundu to recuperate and attend court since trial of the case cannot commence in his absence.

He said Birundu was transferred to Asian Institute of Gastrology in India on Friday after he fell sick on June 19.

Birundi has not pleaded to charges leveled against him after he failed to appear in court due to his health status, when the rest of the suspects took plea.

At the same time, a heated exchange ensued between Ngilu's lawyer Kioko Kilukumi and the prosecution over failure to supply the defence with the investigations dairy and the statement copies of the investigating officer.

Kilukumi accused the prosecution of disobeying a court order that the defence be supplied with the two documents on time in preparation for the trial.

"Without these critical documents, it is impossible for us to prepare our defence adequately for trial. The prosecution ought to have supplied as with the two documents as directed by the court when the suspects took plea," Kilukumi said.

However, Ondari said the prosecution has not been able to supply the two documents because the investigating officer has not been in Nairobi for some time. "It is not our intention not to supply the said documents and I will ensure that the defence is given them within the stipulated time," Ondari said.

The magistrate directed the prosecution to supply the defence with the investigations dairy by close of business yesterday and the statement within five days without failure. He directed the matter to be mentioned on August 12 when the court will fix the trial date and confirm if the documents have been handed over to the defence.