Former President Moi’s Aide-Joshua Kulei with former lands commissioner Wilson Gachanja (left) leaving Milimani law courts after the mention of a case where they are Charged alongside others with conspiracy to defraud KAA on Sep 10, 2014.
BY THOMAS KARIUKI.
The hearing of a case dated 15 years ago High court Judge Isaac Lenaola dismissed his application objecting The charge saying the issues he had raised in the petition, could be handled properly by anti-corruption court.
former President Moi’s Aide-Joshua Kulei has been differed to next month.
Nairobi Anti-corruptio court Magistrate Lawrence Mugambi directed the case be heard on July 27 when his colleague who was handling the matter will be present.
The magistrate Felix Kombo was not present today which led to adjournment of the case which has stalled in the courts for quite some time now.
Kulei faces two charges of obtaining money by false pretences. Together with Ashar Ltd and Sian Ltd, they are alleged to have obtained Sh17.9 million from East African Gas Company between May 19, 1999, and June 17, 1999.
They are alleged to have conspired to defraud KAA on February 28, 1996, by irregularly facilitating the allotment of pieces of land in Mombasa, irregularly excised from the land belonging to KAA at Moi International Airport in Mombasa and to the Gas Company.
It is alleged that together with others, they committed the crime on May 14, 1999.
Klein is charged alongside former lands commissioner Wilson Gachanja, Ezekiel Komen, Prakash Bhundia, Peter Kipyegon Lagat, Ashar Ltd, Agrid Ltd and the Gas Company Ltd. Prakash, Gachanja, Lagat and Gas Ltd are also charged with conspiracy to defraud KAA.
He had earlier moved to the High Court to challenge his prosecution asking the court to determine whether it was fair to initiate a case 15 years after the alleged crime was committed.
Through lawyer Katwa Kigen, he also sought to know whether the charges could be premised on a parcel of land allegedly owned by Kenya Airports Authority.
He also wanted to know whether the government can allege he and his co-accused committed the crime as the project was approved by the KPC board of directors and the Finance and Energy ministries.
However Justice Isaac Lenaola dismissed his application objecting The charge saying the issues he had raised in the petition, could be handled properly by anti-corruption court.
The trial court will hear the matter on June 27.