Court Acquits Former Laikipia East MP Antony Mutahi Kimaru

A court in Nairobi has found former Laikipia East MP Antony Mutahi Kimaru not guilty of charges related to the theft of a title deed for land worth Sh 18.5 million in 2016.

Upon acquitting him, Milimani chief magistrate Bernard Ochoi said that the prosecution did not prove beyond reasonable doubt that the former legislator committed the offences he was charged with,

“I hereby acquit the accused person under section 215 of the criminal procedure code since the prosecution has failed to prove the charges before this court,” the magistrate said.

Mutahi was accused of stealing the title deed of a parcel of land LR NO. 10422/13 located in Nanyuki Township and valued at Sh 18.5 million on August 5, 2016, the property of Livia Le Poer Trench.

He was accused of stealing the said land document from the Ministry of Lands at Ardhi House in Nairobi.

The document was in the custody of George Oraro Odinga and David Morton Silverstein, the executors of the estate of the late Livia Lopoer Trench.

He also faced charges of forgery, making false documents, obtaining land registration fraudulently,conspiracy to defraud and uttering a false document which is against the law.

Mutahi had denied the charges against him where during his acquittal the magistrate indicated that two of the witnesses had confirmed that the accused was buying the said land and he had paid the amount agreed but the transfer was not yet done,

“Considering the testimony given before this court the accused proved that he was buying the said land and had remitted the amount agreed and what was remaining was to transfer the parcel of land,” the magistrate said.

In his defence, Mutahi had provided the court with a sale agreement which was purported to be forged and it was signed by both parties and witnesses who testified in court in favour of the former legislator citing that they were present during the whole process of purchase.

He was charged that on or before August 3, 2009, at an unknown place within the Republic of Kenya jointly with others who were not in court with intent to defraud, knowingly and fraudulently made a sale agreement for the land LR NO. 10422/13 Nanyuki Township, purporting it to be genuine and validly drawn by Mwangi Kariuki Advocate a fact which was believed to be false.

The magistrate said that the prosecution failed to prove beyond reasonable doubt that the agreement was not genuine since the Investigating officer did not take the document to the forensic analysis for Investigation.

Moreover, Mwangi Kariuki the advocate of the high court of Kenya, in his testimony confirmed before the court that he was the one who drafted the said sale agreement of the parcel LR NO. 10422/13 Nanyuki Township between Livia Le Poer Trench the seller and Anthony Mutahi Kimaru the purchaser in which the consideration was Sh 7,000,000 acting.

The lawyer stated that the seller died before the completion of the sale but the purchaser deposited ten percent as per the agreement,

“Since Dr Silverstein and George Oraro were the executors of the estate of Livia Trench, they took over the business he was doing for Livia Trench upon her demise,” the magistrate quoted.

Pamela Ager the advocate of the high court of Kenya and the managing partner in the farm of Oraro and Company Advocate admitted to having received monies paid by the accused for the said parcel LR NO. 10422/13 but decided not to deal with it due to the existing dispute and are yet to decide on what to do with the money received from the accused.

On the issue of conspiracy to defraud, the complainant failed to prove how and with who the accused person conspired to defraud.

The officer did not provide any lead evidence that could be relied on that the accused colluded with another person in the process.

In conclusion, magistrate Ochoi said that “the accused is not found guilty in all five counts and is acquitted under section 215 of the criminal procedure code,” he ordered.