There was dance and ululation by a group of farmers who were in court when Justice Aggrey Muchelule read his ruling dismissing with costs Dr. Kidero's application to be removed as the 9th Respondent from Constitutional Petition No. 1 of 2012 pending at the High Court in Bungoma, where he and 9 others are sued for grabbing the 843 acre Nasewa Nucleus Estate which the Government compulsorily acquired from the peasants of Busia in 1996. An absolute free interest in the land was then irregularly registered in the name of a private entity called Busia Sugar Company Limited instead of the Government owned Busia Sugar Factory.
The other accused in the Petition are the Attorney General, the Director of Public Prosecutions, the Commissioner of Police, the Commissioner of Lands, Mumias Sugar Company, Busia Sugar Company, the Kenya Sugar Board, Kaplony Limited, and Wetangula Adan and Makokha Advocates.
Through his advocate, Prof. Tom Ojienda, Dr. Kidero had argued that the Petitioners, especally myself, had included him out of malice since he only acted as an agent of Mumias Sugar Company Limited, and did so strictly in his capacity as the Managing Director and Chief Executive Officer.
The Judge dismissed his arguments and ruled that Dr. Kidero has a case to answer personally since the Petitioners had demonstrated to the court that they reasonably suspect that he (Dr. Kidero) was a key player for possible personal gain to the tune of 119 million in the crimes the Petitioners allege were committed against them and against the general Kenyan Public.
For example, whereas the June 30, 2011, the audited accounts of Mumias Sugar Co. showed a NIL balance on the Kshs 51 million loan Mumias Sugar co. advanced Busia Sugar Co. in June 2006, Dr. Kidero swore an affidavit on July 8, 2011, in support of his application at the High Court at Bungoma, to sell the Nasewa land to Kaplony Limited of Kisumu, claiming that the sale was to recover an outstanding debt of some 119 million. The application through M/S Wetangula Adan and Makokha Advocates was supported with signatures forged from M/S Wattimah Mutenyo & Co. Advocates and, after the court granted orders on the same day, the land was transferred in the Busia Lands Registry to Kaplony Limited without the approval of Nambale Lands Board as required in law.
To cut the story short, the court ruled that Dr. Kidero must stay as an accused person in the case and defend himself personally during full trial.
The case will be heard on July 2, 2012 at the High Court at Bungoma.
Regards,
Okiya Omtatah Okoiti
07226847777
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