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Post by job on Feb 8, 2011 22:15:57 GMT 3
The Ruto land fraud case to be ruled upon shortly by Chief Magistrate Gilbert Mutembei, will be one of THE BIGGEST PARAMETERS by which KENYANS will measure the current state and trajectory of our Judiciary at this purportedly “reformist” moment. This eagerly awaited decision will send signals to Kenyans as to whether a trusted independent Judiciary is still possible, or if the courts have surrendered to the tribal (KKK) merchants of impunity. Lest someone screams prejudice, or pre-verdict publicity here at JUKWAA, it is important to note that in KAMLESH PATTNI VS THE AG, the court held that: “Media publicity per se does not constitute of itself a violation of a party’s right to a fair hearing”WILLIAM S.K. RUTO & ANOTHER VS ATTORNEY GENERAL - CRIMINAL CASE 973/2004 & 1606/2004
CHIEF MAGISTRATE’S COURT - KIBERA
CHIEF MAGISTRATE GILBERT MUTEMBEISection of Ngong ForestBackgroundPublic records, news reports by the Daily nation, East African Standard, and the Star, all provide a lot of insight into this criminal fraud case involving William Ruto et al., regarding over thirty pieces of plots of land within the gazetted Ngong Forest.The background to this case is directly traced to 1995, when an ambitious 28 year old William Ruto, would easily walk into State House, leaving later with allocation letters to several prime plots of land worth multiple millions of shillings. This was the payback season for William Ruto’s colourful stint as executive officer of YK92 during former President Moi’s 1992 re-election campaign. The youthful and eloquent mobilizer was now being elevated up Moi’s political and patronage ladder. He had already been appointed into the board of Kenya Times Media Trust (KTMT) as a Director. Ruto was precisely grooming himself into a parliamentary candidate for the Eldoret North seat in 1997, promising to co-mobilize youthful Nandi support for Moi’s last re-election campaign. But there was one problem. Ruto needed a lot of cash to challenge Moi’s own wealthy Tugen cousin, the late Reuben Chesire for the seat. It is probably the mad rush by Ruto to quickly mobilize campaign capital between 1995 and 1997 that likely got him in this current criminal conundrum. The swift appetite to convert public land into quick cash, more than a decade ago, is what is haunting Ruto today. Land laundering companiesThe almost universal (but not sophisticated) method of hiding land transactions from public eye is to have initial land allocations made to companies, rather than individuals directly using their names. Ruto did the same thing. Many of these companies would appear to have been purposefully formed with the intention to later defraud firms and unsuspecting buyers through fictitious sale transfers. Ruto registered land allocated to him under many company names. A public search at the Registrar’s office would later reveal that some of these companies listed Ruto himself as director, while others had proxies listed on his behalf – family (like Hellen Samoei) or close aides and friends like Silas Simatwo or Paul Chirchir.Some of Ruto’s land deal companies include; Somog Ltd, Oseng properties, Rose Star Properties, Celtic Multisystems Ltd, Orterter Properties, Berke Commercial Agencies, Matiny Ltd, among others. Preparing for the general elections between 1995 and 1997, William Ruto secured a lot of land allocation letters (some under the company names listed above), quickly paid rates and fees then registered the land. Ruto would then use two methods to mobilize liquidity (a) using these plots as collateral to get loans from either government owned banks or political allied banks – many which later collapsed (b) coercing government parastatals (state corporations) to ‘buy’ these plots at exorbitant prices. According to the Star newspaper, one of Ruto’s jointly owned companies, Rosestar Properties, became one of Trust Bank's largest debtors when it collapsed. Trust Bank, owned by Ajay Shah and other politically connected allies of the Moi era, collapsed in 1998 with close to Ksh12 billion belonging to ordinary depositors. Ruto got another Ksh 50 million loan from City Bank using yet another allotted land plot as collateral. Ruto had relative success in securing loans ranging from modest amounts to huge multi-million shilling credits. High value prime plots allotted to Ruto dot the entire country, ranging from Nairobi ( Ngong Forest, Upper Hill, Jogoo Road…), Eldoret, Mau forest, Uasin Gishu, Coast province and others. Ruto has until very recently tried to sell back to government, for Ksh 1.2 billion shillings, one of these plots, LR No 209/13332, covering 0.871ha in Nairobi's Community area at Upper Hill.Through this latter method is how the Ngong Forest land case came in. An increasingly confident and aggressive Ruto found, as his campaigns approached, a sitting cash cow in the parastatal Kenya Pipeline Company (KPC). Ruto sought to predate KPC’s finance kitty by dumping to them his forestland plots registered under veiled company names such as Berke, Somog, and Celtic Multisystems, while other friends of his including Silas Mwaita and Joshua Kulei joined in the feast with their own companies like Priority Ltd and Sovereign Group. It is good to note that records of some of the companies that benefited from the Ngong Forest land transactions have since inexplicably disappeared from the Office of the Registrar of Companies.
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Post by job on Feb 8, 2011 22:16:16 GMT 3
William Ruto as the youthful Director of Kenya Times Media Trust (KTMT)
To crown rewards for co-managing the YK92 campaigns for former President Moi’s 1992 re-election, William Ruto had been appointed Director of KTMT, a job he took up with reckless zeal and enthusiasm. Ruto saw KTMT as nothing more than a cash cow for personal milking.
Under KTMT, alongside other YK 92 operatives like current Naivasha MP, John Muthotho, several assets held by KTMT on behalf of then ruling party KANU, disappeared. William Ruto saw KTMT as an opportunity vehicle for taking out loans never to be repaid. He quickly enriched himself through this route.
While Ruto was still a Director at Kenya Times Media Trust (KTMT), he audaciously deposited the Title Deed of KICC – a national Treasure – as collateral for a Kshs 400 million loan, taken from Trans National Bank. This loan money went directly into the pockets of William Ruto and his allies. As with the rest of the loans taken by Ruto and other patronage benefactors of the Moi era, they were never meant to be paid back.
Based on the defaulted Kshs 400 million KTMT loan (in Ruto’s pocket), Trans National Bank, armed with the collateral - Title Deed for KICC - initiated plans to sell KICC. Knowing very well this would have attracted humongous public outrage, Ruto quickly sought to replace the KICC Title Deed, with other Title Deeds of value close to Kshs 400 million, which he was quickly going to ‘manufacture’.
Requesting president Moi for land allotment letters
While other requests for plots were more general, there was one particular plea by William Ruto to the President that was more urgent. To sort out the KICC Title Deed conundrum, Ruto had to seek urgent land allotment letters to start processing replacement Title Deeds. It had to be land of high value, located in a prime area, most likely within Nairobi.
Hiving off part of Ngong Forest right next to Karen, registering the land, and preparing Title Deeds for the plots, had to be done immediately. This is how William Ruto urgently approached then president Moi, and then Environment and Natural Resources Minister and Mosop MP, John Sambu, in 1995 with requests for these specific plot allocations (at the edge of Karen) knowing in advance this was still gazetted forest land (Ngong Forest Reserve).
In other words, Ruto was consciously obtaining these plots by FALSE PRETENCE. A gleaming Ruto’s adrenaline must have been pumping as he thought about the extra prospect of having even more of the Ngong Forest land remaining for other uses – such as selling to Kenya Pipeline Company later. The youthful exuberance and arrogance from then 29 year old Ruto was becoming problematic, as it is today revealed 16 years later.
Privately registering forest (public) land
With callous impunity prevalent in the Moi era, a total of 33 plots, some going to Ruto’s newly formed companies, were hived off the GAZETTED Ngong Forest. Ruto did not seem bothered by the illegality of being allocating gazetted forest land which had not been excised. His single focus was to prepare dud Titles of Forest Land to be used to sort out the lingering Trans National Bank - KICC question.
In retrospect, it seems there may have been a casual assumption from the benefactors that gazettement would be effected later. It was never done. The only subsequent effort made in an attempt to cover up their tracks was to alter the Forest boundaries through a Legal Notice No. 79 of June, 18th, 1996, through the then Minister for Environment and Natural Resources, John Sambu .
Boundary Plan No. 175/364 at the Survey of Kenya showed that the Notice excluded 82 hectares from the Forest. However, the 28 days Notice requirement was not published before the Legal Notice thereby making the Legal Notice No. 79 void. This botched cover-up attempt can therefore not stand any worthy legal test in a court of law. It neither amounted to legal excision nor degazettment of the forest.
Armed with the allotment letters for plots in Ngong Forest , William Ruto proceeded to the then Lands Department, paid statutory premiums and rates, got clearance certificates (for respective plots under different companies), had stamp duty assessed, and with just modest delay, eventually got ‘Title Deeds’ on these plots of gazetted forest land.
It is instructive to note that since the time of allocations, William Ruto had been patiently banking that his allies, Sammy Mwaita (now MP Baringo Central and Ruto’s co-accused), and land-cartel lord Wilson Gachanja, were to respectively hold forte as Commissioner(s) of Lands.
Ruto’s bet (which actually materialized) was that the Commissioner of Lands would later willfully ABUSE OFFICE, ignoring the fact that these plots were still part of gazetted forest land, and brazenly cook up functional ‘Title Deeds’ for commercial use.
The patronage networks of the Moi era infiltrated not just the office of the Commissioner of Lands, but also other departmental offices including that of the Chief Lands Registrar, Director of Survey, Chief Valuer, and many others. This is how Title Deeds were able to be issued to Ruto et al., on Forest land not yet excised.
The Commissioner of Lands, Sammy Mwaita himself was also a beneficiary of the same plots in question. Any Magistrate or Judge should have no problem appreciating the corrupt nature of these offices and how easy they could produce questionable Title deeds.
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Post by job on Feb 8, 2011 22:16:34 GMT 3
Partially clearing with Trans National Bank
Court proceedings now reveal that a number of Title Deeds (from the Ngong Forest land) were deposited at Trans National Bank to replace the single title deed for KICC earlier deposited by Kenya Times Media Trust. The bank later sold these plots to recover part of its money, making Ksh206.3 million from the sale.
It is not clear whether the balance was written off as a loss or negotiated for resettlement terms. This is how Ruto stopped the impending sale of KICC by Trans National Bank, and freeing its Title Deed.
Predating a coerced buyer (Kenya Pipeline Company)
Notwithstanding the lingering gazettment question, William Ruto was daringly still planning to fraudulently sell some of the irregularly acquired forest plots to another unsuspecting third party for hefty sums. Thanks again to Moi era patronage, Ruto had another thing working for him in this conspiracy.
He was banking on a ready buyer for his plots, in the parastatal Kenya Pipeline Company (KPC), steered through then KPC Managing Director, Linus Cheruiyot, and KPC Company Secretary, Mary Kiptui. The deal only needed to rope in KPC Finance Manager, Hellen Njue, who had absolutely no powers to object to these transactions.
Let it not be lost to anyone that KPC, a government parastatal, could have received government land FOR FREE if it really needed any. It could have requested land for public use (laying pipes or building reserve tanks) without problem, but here was Ruto coercing KPC to ‘buy’ land from him – plots that were still gazetted forestland, which Ruto just pretended to obtain from government.
Another minor conflict-of-interest detail – one of Ruto’s plot beneficiary-companies at Ngong Forest, Somog Ltd, also had Mr Linus Cheruiyot (KPC MD) as one of its Directors. Thus the KPC MD was steering his employer KPC to buy land from a company he co-owned with Ruto (Somog).
The illegal payments (fraud)
With the then MD, Company Secretary, and Finance Manager all roped in the transaction, bolstered by a board filled by Moi era cronies, it is not difficult to see why KPC at that time was never enthusiastic about conducting any serious due diligence on these plots they were purportedly buying. After all, the KPC MD was a co-owner in some of the plots.
What quickly transpired was a string of memos attached to vouchers originating from the then Company secretary Mary Kiptui, sent to the then Finance Manager Hellen Njue, with approval from then MD Linus Cheruiyot.
As in most shady deals, even the internal company regulations regarding the payments were flouted. Not all signatories for verification and certification had signed the vouchers to warrant these payments. The then KPC internal auditor was sealed out from the deal completely. Even the manner the payments was done was illegal.
In a short time, KPC had paid out Kshs 272,273,100.00 to the land companies owned by William Ruto, Joshua Kulei, Sammy Mwaita and their allies, through a couple of law firms; Nyaudi, Tuiyot, Ruth Karanja and Kajwang & Kajwang Advocates.
Ruto alone is accused of fraudulently accepting from the KPC Finance Manager (through the law firms via his companies) at least Ksh96 million in three separate payments). Mr Kulei on the other hand is accused of stealing Ksh58.7 million from KPC. Kulei has basically acknowledged receipt of the cash and offered to pay back KPC in an out of court settlement worked through the Attorney General’s office.
Keep in mind that in such transactions, the sale agreement should always be part of the documentation accompanying the payment voucher at KPC. I think that KPC finance officers and the prosecution should easily tell who signed the sale agreement for each respective plot deal. In a real court, not a Kangaroo circus, the law firms can be compelled (through subpoenas) to disclose (under court terms) where the funds from KPC went.
Cash trail
For the record, Ruto says he was a mere actor, not benefactor, in these fraudulent transactions. But detangling this simple maze exposes Ruto as a direct benefactor. Having benefited from a Kshs 400 million loan taken from Trans National Bank through Kenya Times Media Trust, and dumping illegal Titles to the land market is outright fraud.
The money trail can be looked and both backwards and forwards, in which cases Ruto benefited both upfront (from Trans National Bank), and down the line (from KPC). In this case, the cash trail starts at Trans National Bank, where Kshs 400 million was doled out for Ruto’s use. The rest of the transactions involving obtaining money by falsely pretending to be selling land to KPC, yielded another whooping Kshs 96 million, passed through law firms, into accounts held by companies directly registered under Ruto’s names or allies (Berke Commercial Agencies, Celtic Multisystems and Somog Limited). This is incorrigible theft from both the public and private entities.
William Ruto himself has previously testified to a parliamentary committee, and KACC, that Berke Commercial Agencies Ltd was his firm, besides being listed as one of its Directors. Records from the Registrar of Companies shows that Somog Limited, has listed as shareholders/Directors – ruto’s aide, Justus Kiptanui Koskei, Ruto’s next of kin, Hellen Samoei, and Ruto’s other firm, Africa Merchant Assurance Company Ltd (AMARCO) whose Directors are: Hon. William Ruto, close aide Mr. Silas Simatwo, other allies, Mr. Francis Kipruto Tuiyott, Mrs. Amina Omari, and former KPC Managing Director, Mr. Linus Cheruiyot).
The other beneficiary from Kenya Pipeline funds (via the Ngong land transactions) is Celtic Multisystems Ltd – where Ruto’s close aide Silas Simatwo represents his interest. In total, about half a billion shillings came in William Ruto’s direction starting from the Trans national bank loan to the KPC heist.
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Post by job on Feb 8, 2011 22:16:55 GMT 3
KPC fights back
Upon the exit of Mr Cheruiyot as KPC Managing Director and an end to a long code of silence, KPC sought to transfer and consolidate the plots they had purportedly purchased in Ngong Forest. KPC appointed a surveyor M/ s Geometer Surveyors Ltd. who established that the land had not been degazetted in the first place.
Due to ‘circumstances surrounding the ownership’, in 2003/2004 financial year, KPC declared the entire sum paid for the plot purchases, Kshs. 291 million, as a contingent loss, but vowed to legally claim it back.
KPC first instituted a criminal suit against the former Commissioner of Lands in the Ministry of Lands and settlement, Sammy Mwaita, for abuse of office contrary to section 101(2) of the Penal Code (Cap 63) Laws of Kenya. Mwaita is charged with abuse of office for purpose of gain, specifically because he arbitrarily consented to the transfer of gazetted land to KPC, an act which was prejudicial to KPC.
KPC also filed a criminal case against Hon. William Ruto, Joshua Kulei, and four companies; Berke Commercial Agencies, Priority Limited, Celtic Multisystems and Somog Limited. On top of that, the company (KPC) finally commenced proceeding for recovery of the money through a separate civil suit at Milimani Court.
Ruto and Mwaita dig in politically
Pointedly, Mwaita and Ruto, past beneficiaries of political patronage (including legal protection), calculated that the best avenue to secure protection from prosecution would be through political patronage. To buy time while working the politics, Ruto and allies first petitioned the Attorney General in a time-dragging constitutional suit alleging violation of their fundamental rights.
Both Ruto and Mwaita had to meanwhile win parliamentary seats in 2007, and Ruto had to stake claim for a high national position in government. This way, the sanitization process would be guaranteed. The ODM MoU had planned for Ruto to be appointed Prime Minister under an ODM government led by Raila Odinga. Ruto's rush to jump to the top was principally motivated by the need for protection from prosecution. It was never to be, despite Ruto’s massive efforts, before and after elections, to realize his dreamt ascendancy into the Premiership.
Part of those ‘massive’ efforts may have landed Ruto in more trouble with even more powerful justice systems. It was therefore not unexpected that after the NARA power-sharing deal, through which Ruto ended up as Agriculture Minister, one of his earliest undertakings was to approach the then Justice and Constitutional Minister, Martha Karua, for a political horse-trading deal, where his KPC fraud case would be ‘Killed off’ in exchange for political favours.
Karua not only rejected the overtures, but publicly revealed the embarrassing details of Ruto’s impunity-loaded attempt to subvert justice. Ruto’s solid determination to secure political protection over this case had to involve going directly to the PNU leadership, through his newfound ally Uhuru Kenyatta.
That Ruto has made several trips to State House, and even dragged the president to a rally in Eldoret a few weeks ago, is not in doubt. Ruto has publicly requested that this Ngong Forest case be quickly ‘decided’ by the Judiciary, essentially meaning, disposed off.
Chief Magistrate Gilbert Mutembei has actually promised to wind up the ongoing case in exactly fourteen days. Anyone not sensing a predetermined case of Ruto’s sanitization, where he would be found not-guilty could be missing something big here.
What Martha Karua couldn’t offer to Ruto is hereby being handed right before our eyes by Kibaki and his new unilaterally appointed Judiciary.
Ruto’s lawyer Kilukumi
Following the KKK rally at 64 Stadium Eldoret, and shortly after Kibaki’s unilateral nominations to the Judiciary, the trajectory of this case against Ruto and others, completely changed.
Principal State Counsel Vincent Wohoro, currently prosecuting the case against Ruto, Mwaita and Kulei, must have been baffled and worried upon learning that he will shortly be expected to report to his opposite in this case, standing for defense, lawyer Kioko Kilukumi, as his new boss – the Director of Public Prosecutions.
The soon-to-be boss Kilukumi quickly withdrew from the case to make his approval and confirmation (under acrimonious conditions) a bit easier. It is quite easy to predict that in Chief Magistrate Gilbert Mutembei’s court, the prosecution has already been dealt the final blow, by appointing Ruto’s defense lawyer as its new boss.
The boss-in-waiting (Kilukumi) is watching this case of HIS from the sidelines – where a timid (failing) prosecution is now expected to ensue. That is how might be sanitized and freed from this legal burden that threatens to end the Eldoret North MP’s political career, given terms of the new constitution.
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Post by job on Feb 8, 2011 22:17:12 GMT 3
HERE BELOW IS WHAT I SAID BACK IN FEBRUARY ON DETAILS OF THIS CASE Some interesting case details
In view of the above developments, the case details may be of little consequence or significance. Prosecution has tabled a lot of evidence and presented testimonies which may not matter anymore, thanks to political and executive intervention into this matter.
It has been revealed:
(a) THAT THERE WAS NO DEGAZETTMENT OF FOREST LAND
The law is clear that for forest land to be available for lease, conveyance or public use, it must first be degazetted.
(i) The Chief Conservator of Forests, Gideon Gathaara, has testified that the Legal Notice No. 79 of 1997, allegedly removing 82 hectares of land in Ngong forest, was based on a non-existent boundary plan. He stated that as of June 10th, 2003, the land in question had not been degazetted and was still under management of Forest Department.
(ii) Benson Kakucha Mbwagwa – Director of Physical Planning stated that to prepare development plans, a request has to be received from Commissioner of Lands in writing, attaching a notice of degazettment of the forest, which was not done in this case precisely because no degazettment had been done, hence no degazettment notice.
(iii) Peter Kamwara – Head of Survey & Mapping (Forest Dept), stated not only the fact that there had been no degazettment, but also that there was no formal subdivision of the said land into private plots - yet companies were producing Titles registered as private land.
(iv) David Mbubua – Chief Conservator Karura Forest stated that the Titles issued to Ruto et al., were “unknown to government” and that the Ngong Forest Reserve was still gazetted.
(b) A TITLE DEED IS RENDERED INVALID IF IT IS HELD IN FOREST LAND
Even before this case reached Chief Magistrate Mutembei’s court, a constitutional bench sitting at the High Court opined that - In James Joram Nyaga V The Hon. The AG and another 1732/09, "the court upheld the doctrine of public trust, that any land alienation made contrary to the provisions of the constitution was unconstitutional. That the constitution is the supreme law of the land and the Commissioner of Lands cannot purport to pass any Title to Land under the Government Lands Act."
Following the prosecution witness testimony, unless sitting in a Kangaroo court, Chief Magistrate Mutembei should find that - Titles were issued without due process being followed, through commission of crimes, such as abuse of office.
(c) THAT PRESIDENTIAL DISCREETION IN LAND ALLOCATION CAN BE QUESTIONED
Ruto’s defense argument that Presidential discretion in land allocation cannot be questioned, was thrown out by the constitutional court, which clearly affirmed that Presidential discretion cannot be invoked to aid criminal acts or break the constitution.
The constitutional court opined that - if the allocating authority allocated forest land without following laid down laws (including degazettment), then the whole process is flawed nullity ab inito and an illegality. No rights can accrue from an illegal process.
(d) RUTO’s DEFENSE IS ARGUING THAT CHARGES ON HIM ARE DEFECTIVE
Clasping on minor technicalities, Ruto’s defense argued (during the constitutional hearing) that charges against him are defective because the person named as complainant, Hellen Njue (former KPC Finance Manager), never recorded a statement with the police.
What motivation does Hellen Njue have to cooperate with either investigation or prosecution when:
GAZETTE NOTICE NO. 5262
THE COFFEE ACT (No. 9 of 2001) THE COFFEE DEVELOPMENT FUND
APPOINTMENT
IN EXERCISE of the powers conferred by section 34 of the Coffee Act, 2001, the Minister for Agriculture appoints-
Zablon N’thamburi (Prof.),
Hellen Njue (Ms.),
Christopher Ombachi Gekara,
Alice Njoki Kamau,
Joseph Kipchumba Lagat,
To be members of the Board of Trustees for the Coffee Development fund, for a period of three (3) years, with effect from 29th April, 2009.
Dated the 21st May 2009.
WILLIAM ARAP RUTO,
Minister for Agriculture. [/color] [/blockquote] (e) RUTO WANTS THE GOVERNMENT TO BE THE ONE TO PAY KPC Ruto’s defense argues that it is the government that made “errors” on land registration, therefore should be the one to “take responsibility” and pay KPC any losses. Even the constitutional bench found this argument laughable. They opined that “if the allocating authority indeed gave out land without following the process laid out in the Forests Act, then the whole process is flawed nullity ab initio and an illegality”. Therefore no rights or benefits or compensation can be accrued from an illegal process. (f) JOSHUA KULEI’s PULLOUTJoshua Kulei and his Sovereign Group of Companies, having benefitted from Kshs 58.7 million through the fraudulent sale to KPC, opted to voluntarily settle the matter outside court, in a plea bargain to be mediated by the Attorney General Amos Wako. Kulei was to pay KPC back and participate in the trial of Ruto and others, as a prosecution witnesses, thereby confessing and giving evidence against his former co-conspirators William Ruto, Sammy Mwaita and others. (g) RED FLAGSChief Magistrate Gilbert Mutembei declined the AG’s request FOR Joshua Kulei’s plea bargain above, basically saying the court will not be slowed down in its speedy zeal to dispose this case quickly, as was publicly requested by Ruto. Chief Justice Mutembei essentially denied Kulei’s confessions and insider-testimony against Ruto.(h) QUESTIONABLE WITNESSESIt is quite a comedy watching questionable witnesses retract their own statements, others blatantly pretending not to remember what transpired a few years back while they were in office. One witness made a dramatic U-turn on the question whether the land in question was part of the forest or not. Another one, a valuer and obviously a very critical conspirator in the deal, was found to have updated his valuation report, seven months later, increasing the number of plots from 28 to 32. Impunity was very much present in court with the said witness, testifying about how valid this process was. WHAT IS YOUR VERDICT?Be the Judge in this Kangaroo Court, formed to sanitize and rebrand William Ruto, in readiness for the next political hatchet job on behalf of PNU and the lords of impunity![/size]
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Post by gachquota on Feb 8, 2011 23:30:02 GMT 3
Nowonder Ruto iz kissing Kibakis ass.U nailed it job hahahaha.........love it.
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Post by tnk on Feb 8, 2011 23:58:08 GMT 3
i have been wondering for sometime now why ruto is in severe panic/agitated mode and yet he is fabulously wealthy
his frantic attempts to be at the top of the food chain (labeled as youth time or my people - RV) etc
his even more desperate measures to avoid the hague
its clear, this is a house of cards or rather his empire is built on sand, quicksand to be precise
any time he is removed from power play and his house will come crashing down
this is a very desperate man
all these ruses - No campaign, trouble within ODM, spats with karua, etc were meant to shield him and stop this information reaching his support base as well as protect ill gotten wealth. amazing. master of deceit
well lets wait for mutembei's ruling
Job - kudos for serializing this here, awesome presentation
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Post by palaver on Feb 9, 2011 0:36:32 GMT 3
Woow! but then we all know what judge mutembei will say. all respect to JOB !
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mosop
New Member
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Post by mosop on Feb 9, 2011 0:55:00 GMT 3
Job, it seems you have a PHD in propaganda ... Saddam would really have appreciated your services during the Iraq War in 2003. Anyway, I thought you guys were the ones who were very excited about the court cases against Ruto thinking he was going down. Mbona mmeanza kubabaika hata before the court proceedings are over? The good thing about the courts is that you can't force your thoughts or convictions on any one case. You have to be backed by facts/evidence and so far nothing has linked William Ruto to the fraud. There is no available evidence showing that he received the payment or was involved in the mega-scheme of things. Anyway, wacha tuone what the prosecution side of the case still got because at this rate William Samoei Ruto is gonna win this case. Remember what happened to Zuma??? He was able to get away with a blatant sexual case and he ended up being president because people loved him i.e. he had supporters who believed his version of the story. Same applies to Ruto ... he has his bunch of supporters who will always believe his side of the story no matter what.
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Post by palaver on Feb 9, 2011 1:12:07 GMT 3
mosop,if this is propaganda, why do you then liken it to Zuma's case which you know the answer. Btw,Zuma's case was a crime of passion where one should never joke with a scourned woman but here we have an mp who is doing an injustice to Kenya and you support him mearly because your common ancestor was a certain arap mibei!
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Post by tnk on Feb 9, 2011 3:40:15 GMT 3
it is very likely that ruto will miss next parliament on a technicality, perhaps thats the reason he develops cold feet when it comes to ditching ODM. the technicality can be called anytime.
smell the mandazi
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Post by job on Feb 9, 2011 9:47:09 GMT 3
Job, it seems you have a PHD in propaganda ... Saddam would really have appreciated your services during the Iraq War in 2003. Anyway, I thought you guys were the ones who were very excited about the court cases against Ruto thinking he was going down. Mbona mmeanza kubabaika hata before the court proceedings are over? The good thing about the courts is that you can't force your thoughts or convictions on any one case. You have to be backed by facts/evidence and so far nothing has linked William Ruto to the fraud. There is no available evidence showing that he received the payment or was involved in the mega-scheme of things. Anyway, wacha tuone what the prosecution side of the case still got because at this rate William Samoei Ruto is gonna win this case. Remember what happened to Zuma??? He was able to get away with a blatant sexual case and he ended up being president because people loved him i.e. he had supporters who believed his version of the story. Same applies to Ruto ... he has his bunch of supporters who will always believe his side of the story no matter what. Stubborn FACTS will always remain that - FACTS. Ruto's propaganda is unsustainable - watch this space!
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Post by mangai on Feb 9, 2011 11:34:30 GMT 3
Job, I must say this is a master piece narration of the FACTS as they are, save for may your own analysis of the motivations behind Ruto's actions, and not propaganda as some might want many to believe.
Following the case keenly, one gets the impression that the prosecution is not serious in this case. The prosecution witnesses are actually turning out like defense witnesses. It is understandable that since the whole process was a fraud, the key government guys then involved from the Chief Valuer, Registrar etc would not want to incriminate themselves hence their defense that the whole process was legal. There is clearly a conflict between the Forest Department and the Commissioner of Lands with the latter keen to justify that he followed the due process in excising forest land.
The fact remains the parcels were registered in the names of companies associated with Ruto and/or his associates. The seller is always the one who executes the transfer documents unless he has appointed an attorney under power of attorney but payment can be made to any other person/company of the owner's choice even if that recipient was to be Kenya Red Cross!
However, at the end of the day the Chief Magistrate will have to rely on evidence adduced before court and which in my humble opinion are currently very weak and i am afraid it will not be long before he acquits the duo for lack of evidence.
BTW and lest you forget, the current Processional Way on what used to be 'Serena B', had also been irregularly allocated to 'private developers' amongst them Mr. Ruto.
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Post by kaburwo on Feb 9, 2011 14:42:57 GMT 3
S-E-X, lots of it and blackmail worked. How? Guess
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Post by nok on Feb 9, 2011 15:41:42 GMT 3
kaburwo ;D ;D ;D actually its not a laughing matter
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Post by owuor on Feb 9, 2011 15:41:03 GMT 3
I think RUTO is now the most feared politician in Jukwaa and ODM. One needs to check the acreage of threads dedicated to pulling him down and the amount of colors used that would put the infamous Mr. Marangi to shame or make the late Tiskie turn in his Jukwaa grave due to envy. Instead of spending so much time trying to deface his name and reputation, whose deficiency we have been reminded so many times that I lost count, it would be far much better if that energy was directed to advertising the good qualities of his nemesis.
Owuor
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Post by phil on Feb 9, 2011 17:57:39 GMT 3
I think RUTO is now the most feared politician in Jukwaa and ODM. One needs to check the acreage of threads dedicated to pulling him down and the amount of colors used that would put the infamous Mr. Marangi to shame or make the late Tiskie turn in his Jukwaa grave due to envy. Instead of spending so much time trying to deface his name and reputation, whose deficiency we have been reminded so many times that I lost count, it would be far much better if that energy was directed to advertising the good qualities of his nemesis. Owuor Bw Owuor, You sound so shallow and misinformed. It seems you are the only one who DOES NOT know that ODM is still the largest and most preferred political party in Kenya, and that both Raila and Ruto are the respective Leader and Deputy Party Leader of the same party. Granted that Ruto has announced he will seek a different political home in the next general elections, him and his allies still remain in ODM - too scared to seek a fresh mandate. Ruto himself is still a registered official of the party. Any leadership rivalry in the country's largest and most preferred party is bound to elicit the significant interest from the population and will certainly form part of discussions in cyberspace, pubs, offices, markets, washrooms, you name it! Yours is a pathetic and misguided attempt at hijacking the gist of this thread through nonsensical comments. And this is what I was trying to explain to OO in the other thread hanging on p'maniac's head. Wapi value addition to some of the comments we see here? And this does not surprise me coming from someone who is so quick at zeroing in on so called 'hate speech threads' within the board and yet cannot see the worst of crimes being committed upon Kenyans by the most arrogant impunity kings and queens around. Spare us the shameless hypocrisy Owuor!
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Post by job on Feb 9, 2011 18:49:02 GMT 3
Following the case keenly, one gets the impression that the prosecution is not serious in this case. The prosecution witnesses are actually turning out like defense witnesses. Very correct! In the games of musical chairs in the rotten Prosecution office (where a vicious attempt is currently being made to swap Kioko Kilukumi with his Tango-partner Keriako Tobiko), I do not expect anything but such circus of a presentation. Principal State Counsel Vincent Wahoro still needs his job, and still aspires for future promotions. He must therefore not be seen acting tough against the rotten establishment - soon to be led by Kioko Kilukumi. What is quite depressing is that the FACTS are quite clear, exposing the open fraud. But the impunity lords have virtually clogged up any prospects of real prosecution. They have grabbed the courts hostage, innundating it with questionable witnesses. One witness actually made a dramatic U-turn while giving testimony this week - apparently struggling to differentiate between the actual truth, and what she was supposed to say in court....it is a circus...a Kangaroo court basically. We are literally watching the sanitization process where William Ruto will go scot free for (a) grabbing public land (b) fraudulently having it registered and Titled (c) stealing public funds from KPC using the said public land (d) transferring more public land to a private entity (Trans National Bank)..etcWe are painfully watching the rot in our prosecution office and Judiciary. Mta do? Most witnesses agreed to by both prosecution and defense were prepared almost 6 years ago.... you can bet those from the super-corrupt Lands Department wouldn't want to neither incriminate themselves nor open a pandoras box... You will notice the feeble attempt by the prosecution to introduce new credible witnesses was rejected by the Chief Magistrate. Defense lawyers have not ' processed' or ' facilitated' such witnesses....hence such hostile witnesses are kept as far as possible from the court. This is exactly the big deal. I was amazed media was splashing sub-headlines such as "Ruto did not receive any payments" etc etc....forgeting that what's more important is finding out who originated the sale agreement - not who received payment.In such transactions, the sale agreement should always be part of the documentation accompanying the payment voucher at KPC. The former KPC Finance Manager Hellen Njue (& a recent beneficiary of Ruto's lucrative appointment), knows who signed the sale agreement for the plots. I think KPC can find these records.But Ruto's defense lawyers are so sure Hellen Njue can't diss them they even brag about it in court. They even claim this case is procedurally flawed because Hellen Njue (who should be a complainant) didn't even record a police statement. Ruto will be sanitized not only through deliberate failure in prosecution (presenting a weak case/with little evidence), but through direct complicity from the Chief Magistrate himself.(1) When Joshua Kulei offered to plea bargain - confess for the land grabbing, forgery of Titles, & theft from KPC, offering to pay back KPC their Kshs 58 million that he conned them (plus court expenses), IN EXCHANGE for acting as a witness against Ruto & Mwaita ,....it was the Chief Magistrate Mutembei who trashed the arrangement....
(2) The Chief Magistrate Mutembei set an unrealistically short 14 day timeline to rush up the case....clearly timed to beat ICC Pre-Trial Chamber II ruling from the Hague....it is clear CM Mutembei has specific instructions to 'quickly find Ruto not-guilty' 3) When the prosecution offered to bring in a new credible witness to debunk the lies about a flawless Land Registration process, the Chief Magistrate Mutembei dismissed the witness as coming in too late in the game. As you can see, itis a tag-team effort between the bench itself and the prosecution, to quickly launder William Ruto and free him the lingering burden that's dragged him so long, even keeping him out of the cabinet.Quite true. But what can the people (citizens) do if the Judiciary has been turned into a circus where the corrupt, grabbers and impunity champions, only go for sanitization, rebranding and remodeling. A government that has the political will to go after these culprits has always perennially evaded Kenya. Without will at the top, the Judiciary will always remain rotten!
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Post by mwalimumkuu on Feb 9, 2011 18:59:42 GMT 3
This is quite desperate. It is a good attempt however to pin the wrong deeds on someone you dont like with the hope that the gullible will buy into it. But you know what? Like Mosop told you, the law deals with facts and not innuendo.
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Post by kamalet on Feb 9, 2011 19:13:02 GMT 3
I am struggling to see the position that Job takes against Chief Magistrate Mutembei that he is rushing the case. This matter surely has been outstanding since 2003 and one of the complaints I have hear is the delay in hearing cases. The fact that he did not allow Kulei to delay the hearings when he tried to do a deal with Wako.
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Post by shifta on Feb 9, 2011 19:19:24 GMT 3
Phil you better be careful owuor emkei will report you to OO and your account will be yanked -------------------------------------------------------------
Seriously, as I said this is a lose - lose case for Ruto and KK. If he wins (which i hope he does for insidious reasons) it further dooms the whole campaign for ICC defferal because it calls into question the courts' impartiality, if he loses then at least for a while his political life is on hold. Either way it is a lose -lose for KK
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Post by job on Feb 9, 2011 19:27:03 GMT 3
I am struggling to see the position that Job takes against Chief Magistrate Mutembei that he is rushing the case. This matter surely has been outstanding since 2003 and one of the complaints I have hear is the delay in hearing cases. The fact that he did not allow Kulei to delay the hearings when he tried to do a deal with Wako. I'm glad you used the phrase "I am struggling to see" because it is clear you're conflating two unrelated timelines. The initial delay in bringing forth charges has got nothing to do with Chief Magistrate Mutembei's upfront declaration to finish the case in 14 days. Mutembei's focus now is to beat that deadline. This is illustrated in the way he has casually dismissed new witnesses & rejected the time-consuming plea bargain by Joshua Kulei (which paradoxically can offer the single biggest insight into this case).
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Post by kamalet on Feb 9, 2011 19:32:38 GMT 3
I am struggling to see the position that Job takes against Chief Magistrate Mutembei that he is rushing the case. This matter surely has been outstanding since 2003 and one of the complaints I have hear is the delay in hearing cases. The fact that he did not allow Kulei to delay the hearings when he tried to do a deal with Wako. I'm glad you used the phrase "I am struggling to see" because it is clear you're conflating two unrelated timelines. The initial delay in bringing forth charges has got nothing to do with Chief Magistrate Mutembei's upfront declaration to finish the case in 14 days. Mutembei's focus now is to beat that deadline. This is illustrated in the way he has casually dismissed new witnesses & rejected the time-consuming plea bargain by Joshua Kulei (which paradoxically can offer the single biggest insight into this case). Two things Job; Are you against the speed Mutembei is chasing the case and what is to be gained by delaying it apart from justice? What is this deadline you keep talking about the matter being related to Ocampo? Are you aware of any date that you can share? In any case, what would the significance of the final verdict be with regard to Ocampo? A not guilty verdict still opens up Ruto for th Hague and only if he is in jail can it be disadvantageous to Ruto. Or perhaps am I missing something?
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Post by job on Feb 9, 2011 21:59:12 GMT 3
I'm glad you used the phrase "I am struggling to see" because it is clear you're conflating two unrelated timelines. The initial delay in bringing forth charges has got nothing to do with Chief Magistrate Mutembei's upfront declaration to finish the case in 14 days. Mutembei's focus now is to beat that deadline. This is illustrated in the way he has casually dismissed new witnesses & rejected the time-consuming plea bargain by Joshua Kulei (which paradoxically can offer the single biggest insight into this case). Two things Job;
Are you against the speed Mutembei is chasing the case and what is to be gained by delaying it apart from justice?
What is this deadline you keep talking about the matter being related to Ocampo? Are you aware of any date that you can share? In any case, what would the significance of the final verdict be with regard to Ocampo? A not guilty verdict still opens up Ruto for th Hague and only if he is in jail can it be disadvantageous to Ruto. Or perhaps am I missing something?There is nothing difficult to comprehend in my statements above. All I'm against is the deliberate stiffling of the case details - through shunting aside of Joshua Kulei's plea bargain. Chief Magistrate Mutembei would have allowed the Kulei plea bargain to continue - giving us a chance to hear Kulei confess all the insider-details, and offer witness testimony against Ruto and Mwaita. That would have produced closer semblance of Justice. But merely rushing the case, and dismissing such opportunity for Kulei's crucial witness testimony, ain't cutting for Justice! Mutembei stated he wants the case completed in 14 days - but what is the point of rushing to get Kangaroo Justice? As for Ocampo's date - you must be aware Ocampo projected that Pre Trial Chamber II Judges would be ready with their decision (on whether or not to issue summonses &/or warrants) around March.There seems to be a concerted effort to sanitize Ruto (find him not-guilty) before that March. Walking into ICC with the reputation of a concurrent national case for theft, gives ICC Jurists a free insight into Ruto's character. On the contrary, heading there with a clean slate gives them opportunity to observe his character for themselves. Was it therefore a coincidence that Chief Magistrate Mutembei stated his intention to 'complete this case' within 14 days (in February)? Isn't this rush to clear Ruto by February - why anything (including Kulei's plea bargain) that remotely threatens to delay his 14-day deadline....is quickly shoved aside by Mutembei? Kwani is this Rocket Science?
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mosop
New Member
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Post by mosop on Feb 10, 2011 1:31:24 GMT 3
You guys are really desperate ... mtasema nini Ocampo akileta kesi ICC and it is dismissed as a weak case with little or no evidence? Will you blame ICC or Ocampo for being bought? Anyway, you guys need to learn to accept defeat. Otherwise, it seems for you the only fair and clean verdict is for Ruto to be found guilty whether there is or there is no evidence implicating him to the fraud case.
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