A FORMER District Commissioner has  confirmed that the joint owners of  a Ksh 954 million worth ranch in Usain Gishu ,  Anne Kimetei Nyongio and Bahadhurali Nurani did not apply for consent for the subdivision that form the subject of a bitter fraud case in a criminal court in Nairobi.

Benjamin Rotich who is among those charged with defrauding the elderly widow of the farm said, “Nyongio did not attend the land board meeting of 1995.”

Rotich confirmed he personally presided over the land control board that approved the subdivision of the land.

The suspects in the case are former President Daniel arap Moi’s allies and have denied  defrauding the elderly Nyongio of the ranch by falsely pretending that it had been acquired by the government for state projects.

Virtue of being the DC

Rotich said   his wife and house girl were beneficiaries of the controversial sub-division and were allocated three plots.

He said he got involved in the disputed allocation by virtue of being the DC and  Chairman of
Moiben land control board .

He was defending himself in a case in which he is charged alongside former Kenya Pipeline Company MD Ezekiel Komen  , lands officials Tom Chepkwesi  and  Erick Tarus,  and businessman Benjamin Kuto of allegedly defrauding  477 acres of land worth Sh 954 million belonging
to  Anne Kimetei Nyongio.

He said his wife Magdelene Rotich and house girl, only identified as Selina, were allocated 3 plots each measuring 5 acres.

“My wife was allocated the plots after paying the required amounts of money,” Rotich said in cross examination.

Abuse of office

State counsel Solomon Nauliakha was cross examining Rotich and wanted him to clarify the minutes of the meeting leading to the alleged illegal sub-division.
Naulikha told the witness that he was a beneficiary of the allocations.
The court heard that  Chepkwesi was the registrar in charge of Eldoret land registry when the property was fraudulently acquired.
In the case the prosecution claims 72 titles were issued to Eric Tarus, Benjamin Kuto and Ezekiel Komen as transfer of the land known as Sergoit River Farm  a private property.
Rotich is said to have unlawfully chaired Moiben land control board which authorised  the illegal subdivision and transfer of land No. L.R 9723 a private property while purporting that the exercise was a government project.
He is charged with abuse of office.

Hearing continues on May 18 .