Mombasa court acquits former Commissioner of Lands Wilson Gachanja and two senior Lands officials

By Tobby Otum

The Ethics and Anti-Corruption Commission (EACC) court has suffered a major blow after former Commissioner of Lands Wilson Gachanja and two senior Lands officials were acquitted of nine charges filed against them for lack of sufficient evidence.

Mombasa Chief Magistrate Martha Mutuku acquitted Gachanja, Zablon Mabeya and Jabu Salim, a former district physical planner and former senior officer at the Ministry of lands due to lack of evidence.

She disclosed she was releasing the accused persons of charges of abuse of office contrary to section 101 and 102A of the penal code.

“The court dismisses the charges related to nine counts against the former lands officials after prosecution witnesses lacked evidence in support of the criminal charges against them. The nine witnesses were unable to single out any of the accused persons,” she pointed out.

Martha said in her ruling that the prosecution has failed to prove before the court the nine charges filed against the accused persons.

The court acquitted the accused persons of all the charges under section 210, among them being abuse of office contrary to section 101 as read with section 102A of the penal code, willful neglect of official duty contrary to section 128 as read with section 36 of the penal code and aiding the commission of a felony contrary to section 128A of the penal code.

The Mombasa chief Magistrate said in her ruling that all charges against the three accused persons related to activities conducted by the accused persons on diverse dates between 23rd June 1994 and 10^th August 1994 when they were employed as public officers under the Ministry of Lands and Physical Planning.

She pointed out that the dealings of the accused persons related to aiding the illegal sale of public land to private developers in Kwale. The court heard that the land is a public access road, Kwale Diani/Beach Block/1072 valued at Sh 30 million.

“A total of ten witnesses were called in their support of the case against the transaction of the parcel of land,” she added.

The accused persons were represented through leading counsel Philip Nyachoti.

The accused persons were arrested by anti-corruption officials in Nairobi and were later moved to Mombasa where they were charged before the Mombasa anti-corruption court for allegedly aiding in the illegal acquisition of public land by private developers in Kwale County and were released on cash bail after denying the charges.