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Two Sh2.7 billion land cases involving politician Jimi Wanjigi and the national health insurer have returned to haunt former Director of Criminal Investigations barely eight months after he was hounded of office.

In one of the cases, Kinoti is in the spotlight after the Sh1.2 billion land fraud case against Wanjigi was dropped just a day after two other men were charged with conspiring to defraud the National Hospital Insurance Fund (NHIF) a parcel of land in Karen, Nairobi.

Despite the evidence available from the Ministry of Lands, Government Printer, and the Registrar of Companies, Kinoti still recommended that Wanjigi be charged in court.

Kinoti had also, in his investigation report, said that the Karen land belonged to Peter Leparkwo and not the NHIF. 

But an independent probe had established that Leparkwo and his accomplice had actually forged a title deed and altered computer data.

Yesterday, a Nairobi Court allowed Director of Public Prosecution (DPP) Noordin Haji to withdraw a Sh1.2 billion land fraud case against Wanjigi, his wife Nzisa and four others for lack of evidence.

While dropping the criminal charges, the DPP through senior state prosecutor James Gachoka informed Milimani Senior Principal Magistrate Bernard Ochoi that there was no sufficient evidence to sustain them, as they were wrongfully prosecuted.

After reviewing the evidence afresh, Haji said they found that Wanjigi and his co-accused persons should not have been charged instead they should have been treated as state witnesses in the case.

Gachoka told the court that his decision was triggered by a letter from DCI boss Amin Mohammed dated on January 27, 2023 requesting him to peruse the file afresh as the witnesses in the case are the ones who had been charged while the suspects were walking free. “The DCI boss reviewed the evidence and did a comprehensive report to the DPP Haji on January 27 this year informing him that the witnesses in a criminal offence are the once who had been charged while the suspects had been Scot free,” Gachoka told the court.

The court further heard that currently eleven people have been charged with conspiracy to defraud Wanjigi and his wife of their land worth Sh500 million.

New twist

They were charged on April 26, 2023 and the DPP claims the businessman and his co-accused person who charges have been dropped will testify in the case.

Among those charged are Samuel Njuguna Chege, Henry Njoroge Njenga and Valentine Jelimo Kibire.

Following the new twist in the matter, the DPP has urged the court to withdraw the charges against Wanjigi, his wife and their co-accused persons under Section 87 (a) of Criminal Procedure Code (CPC). 

Consequently, the magistrate allowed the DPP’s request to discharge Wanjigi and his co-accused persons.

Wanjigi, Nzisa, John Nyanjua Njenga and Caroline Njoki, an advocate had been charged with obtaining Sh56 million from Kenroid Limited, by falsely pretending they were in a position to sell the company a 0.3314 hectare piece of land on General Mathenge road in Westlands, Nairobi.