BY SAM ALFAN.
Director of Public Prosecution Noordin Haji has appealed against the acquittal of Nakuru town West MP Samuel Arama.
The DPP argues that Srnior Principal magistrate Felix Kombo erred in law by not considering the overwhelming evidence on record, and went ahead to acquit the MP under section 210 under the Criminal Procedure Act (CPC).
He also said the magistrate failed to properly consider the weight of the charges as against the evidence adduced.
“The magistrate erred in facts and law by ignoring the primary evidence of the businessman Yusuf Mustafah Ratemo who testified that he never owned land in Nakuru and also disowned the purported sell agreements presented by Samuel Arama who claimed to have purchased the land,” the DPP argued.
The businessman told the court he does not know and have never owned the land Nakuru town block measuring 0.0557 hectares. He also denied owning a postal address in Likoni and was not aware of it.
He said the signature, his name, identity number appear in the documents but he did not provide them and doesn’t know how and why they were used. He also denied any knowledge on the said transactions.
He denied an sale agreement between him and Samwel Arama dated August 3,2015 and the said agreement is false.
“I have never entered into any agreement with the MP before the named advocates Onkoba. I have never received any money from Arama”, Yusuf told the court.
He added that he has never received the amounts of money indicated on the agreement totaling to Kshs. 45,000,000 and Kshs. 60,000,000 and all false.
He denied selling the plot and knows nothing about the plot. He told the court all information in the sale agreement is false and knows nothing about it.
Prosecution argues that the magistrate erred by finding the evidence adduced by prosecution was insufficient to establish prima facie case against the MP. The DPp also faulted the finding there is no way the MP could have made the sell agreement without “authority”.
He accused the magistrate of disregarding the evidence of the document examiner and that there was no false pretence was demonstrated in the evidence against the MP.
He also accused the magistrate of finding that the evidence did not demonstrate any fraud on the part of the MP in obtaining registration under the transaction of prosecution exhibit 19.
The DPP also accused the magistrate of error by failing to consider that the prosecution had charged its burden of proof by establishing its case beyond reasonable doubt.
MP Arama was acquitted of graft charges in November alongside an employee from land registry Charles Birundu and a lawyer.
The MP was charged with several counts among the abuse of office, conspiracy to defraud, making a document without authority among others.
”I hereby acquit the three accused persons under Section 210 and order their cash bail of Ksh. 1million deposited in court to be refunded to them,” the Milimani Law Courts anti-corruption Chief Magistrate ruled
