Officers took bribes to sway Sh30m land case, court told
Evidence has been tabled in a Nakuru court revealing how three detectives received money from a complainant in a Sh30 million land fraud case.
Evidence tabled in a Nakuru court has revealed how three detectives received money from a complainant in a Sh30 million land fraud case against former Kapkures MCA Paul Kimutai.
M-Pesa statements filed in court have revealed that Directorate of Criminal Investigations (DCI) officers Stephen Ochieng Agutu, Siele Kiplagat, Kiprotich Kirui received money from Mr Josiah Njuguna Njoroge on diverse dates between 2017 and last year.
Four prosecution witnesses; David Kering, Kiprop Ngetich, Joseph Sagambor and Esther Mutai, have also been implicated in the suspicious payments.
The statements followed a court order obtained by the Ethics and Anti-Corruption Commission (EACC), which had been directed by the same court to investigate the complaints raised by Mr Kimutai and his co-accused Richard Kipngeno, alleging that the officers had received bribes in order to influence investigations.
The duo, who were arrested on July 12, 2017, are charged with various counts relating to forgery of land documents.
The bribery claims arose when defence counsel Meso Ogada, during the cross-examination of Mr Agutu, pinned him into admitting receiving some money from the complainant during the course of investigations.
Appearing before court on September 13, Mr Agutu, the investigating officer in the case,admitted to having received Sh3,000 from Mr Njuguna on August 3, 2022, money which he claimed was contribution for burial expenses after he lost a relative.
Senior Resident Magistrate Priscah Nyotah then ordered the EACC and the police to investigate the matter. After Mr Kipngeno made a bribery report at Nakuru Police Station, recorded via OB Number 44/27/07/2023, the police moved to court and successfully obtained orders directing mobile phone service provider Safaricom to share M-Pesa statements relating to Mr Njuguna’s number. According to the statements, Mr Agutu received a total of Sh49,000 from Njuguna. On March 10, 2018 at 1.42pm, he received Sh10,000. He received another Sh10,000 on April 21, 2018 at 12.17pm and a similar sum on August 20, 2022 at 19.25 hours.
Mr Kiprop received money from Mr Njuguna 35 times, in sums ranging between Sh1,000 and Sh2,000, between January 2017 and September 2023. The statements further show that Mr Singabor received money for over five times during the course of the trial. In the case, Mr Kimutai and Mr Kipngeno are linked to the forgery of Mr Kimuitai’s dead father’s signature to unlawfully transfer the land to themselves.
The 6.6 acres property is located in Miti Mingi in Mbarut,. It belonged to Mr Josiah Njoroge, who bought it for Sh2.85 million.
According to the charge sheet, Mr Kimutai and Mr Kipngeno forged a green card on November 14, 2012, claiming it was opened on June 7, 1990.
They are further charged with fraudulently obtaining the registration of the land in their names on September 14, 2022, with intent to defraud Mr Njoroge.
Mr Kimutai is said to have lied that he was the owner of the land on April 11, 2017, at Nakuru Police Station (OB 42/11/4/2017).
The court placed the two on their defence on October 17 after it found them with a case to answer. The magistrate in her ruling said the prosecution evidence had linked the two to the offense and they needed to respond to some of the issues raised.
