Court puts former magistrate on trial, acquits 7 in KSh2.3 billion Miwani land fraud case

The two on trial are Abdulkadir Elkindy (former magistrate) and Mr Moses Nyabura Osewe (revenue officer at the now-defunct Nyanyo County Council).

The anti-corruption court in Kisumu put two suspects on trial and acquitted seven others in the Miwani Sugar Company fraud case involving loss of KSh2.3billion.

The two on trial are Abdulkadir Elkindy (former magistrate) and Mr Moses Nyabura Osewe (revenue officer at the now-defunct Nyanyo County Council).

The seven suspects acquitted by Chief Magistrate Julius Ngarngar are Sukwinder Sigh Chatte, the chairman of Kibos Sugar and Allied Companies, Mr Ian Gakoi Mawa, Mr Odongo Philips Katiba, the late Jogn Gitau, Kefa Lumumba, Apono Okoyo and Crossley Holdings Limited.

Justice Ngarngar jointly charged the nine suspects with conspiracy to defraud contrary and fraudulent disposal of public property, following the sale of Miwani Factory between May 21, 2007 and January 30, 2008.

On Monday, the two suspects were cleared on grounds that the Ethics and Anti-Corruption Commission (EACC) officers who carried out the investigation did shoddy work.

Former Magistrate Elkindly and Mr Osewe will begin clearing their names on July 8, 2019.

Mr. Elkindly was found to have a case to answer on abuse of office counts; he allegedly used his position then as the deputy registrar of Kisumu High Court to improperly order the transfer of the 9,394 acres’ piece of land to Crossley Holding Limited.

The retired magistrate is also said to have executed a notification of sale purporting that an order had been issued by the Kisumu High Court for the sale of Miwani Sugar Mills property.

Mr Osewe was accused of willfully failing to collect the outstanding land rates while issuing certificate of clearance of payment rates and other charges regarding the property.