Court rules Survey boss unfit for office over graft
Senior lands officers Mark Muigai Wanderi (left), Polly Wanjiku Gatimu alias Pauline and Sarah Njui Mwenda at the anti-corruption court where they denied charges of concealing genuine title documents.
The Employment Court has declared the acting Director of Surveys unfit to hold public office over her links to fraudulent allocations in the Sh8 billion Karen land.
Justice Nelson Abuodha ruled that the ministry erred in promoting Polly Wanjiku Gitimu alias Pauline despite the Ethics and Anti-Corruption Commission (EACC) recommending charges against her for fraudulent transfer of the 134-acre land in Karen, Nairobi.
The judge reckoned the questions over her integrity remained despite the fraud charges having been dropped on a technicality linked to the composition of the EACC board.
Ms Gitimu was among government officials including former Lands Cabinet Secretary Charity Ngilu- now Kitui governor- who were charged with facilitating double allocations in the Sh8 billion Karen land, which is claimed by several people.
But the charges were later quashed by the Court of Appeal on a technicality, after it ruled that EACC was not properly constituted then, when it recommended the charges.
“In view of the unresolved issues touching on the 1st interested party (Ms Gitimu) involvement in fraud and corruption, she is unfit to hold the position of director of surveys in any capacity,” Justice Abuodha said.
Falsifying land documents
He added that the EACC and the Director of Public Prosecution approved the fraud charges against Ms Gitimu, a pointer that there was sufficient evidence of her participation in the fraudulent transfer of the land.
Justice Abuodha reckoned that although the ruling by the Court of Appeal in 2015 did not affect Ms Gitimu’s status and the position she may be holding in public service, the allegations remain a reasonable impediment to her being recommended for elevation or appointment to another public office, unless the allegations are resolved in her favour.
Mr Juma Okumu moved to court to challenge Ms Gitimu’s appointment, arguing that her promotion offends Chapter Six of the constitution on intergrity.
He said EACC investigated the matter and found her culpable of falsifying land documents and fraud in the Karen property
He added that Ms Gitimu was temporarily suspended after EACC recommended the charges but was secretly reinstated and promoted to the position of Director of Survey.
