Digital strategist, Dennis Itumbi, on Monday, June 12, privately prosecuted former Interior Cabinet Secretary Fred Matiang'i over the Ksh1.5 billion Ruaraka land scandal.
Itumbi filed the case at the Magistrate Court in Nairobi, arguing that Matiang'i was involved in the irregular land acquisition by the National Land Commission (NLC).
Through his lawyers, Itumbi also sought more information from various government offices, including the Ministry of Education and the National Land Commission to compile compelling evidence for his case against Matiang'i.
The land in question is a 50-acre piece of land in Ruaraka, Nairobi, which was initially claimed to have been owned by two companies, and later sold to the government.
In 2020, the NLC acquired the land for Ksh1.5 billion and transferred it to the Ministry of Education to construct two schools, Drive-In Primary School and Ruaraka High School.
Later, political figures claimed that the land belonged to the government, with State controversially purchasing it.
In the suit, Itumbi claimed that the NLC did not follow the proper procedures in acquiring the land and that Matiang'i, then the Education CS, was privy to it.
Itumbi wants Matiang'i charged with abuse of office, conspiracy to commit a crime, and forgery, contrary to National Land Act and Public Officer Ethics Laws.
As a result, Itumbi also wants the funds traced and returned, and the former Cabinet Secretary held accountable.
Matiang'i has yet to comment on the case nor respond to the suit filed in Nairobi. Itumbi had yet to respond to Kenyans.co.ke queries on the intrigues behind the case.
Itumbi had previously applied to have Matiang'i tried in court to answer questions relating to the land transaction, a prayer that Chief Magistrate Douglas Ogoti rejected.
"Anti-Corruption Court has dismissed an application by Denis Itumbi seeking to privately prosecute (former) Interior Cabinet Secretary Dr Fred Matiang'i over graft allegations. Court ruled application did not meet Constitutional & legal thresholds," the Office of the Director of Public Prosecutions announced in November 2020.
According to the ODPP, Chief Magistrate Douglas Ogoti ruled that Itumbi had failed to disclose his source of evidence, and had accused DPP of refusing to prosecute the former CS while at the same time alleging that EACC had not completed investigations.
Ogoti added that the fact that the ODPP had returned the investigation file to the EACC for further investigations did not amount to a refusal to prosecute.
Matiang'i, meanwhile, is back in the limelight months after the ODPP dropped conspiracy to commit a felony and publication of false information charges leveled against him in March 2023.
The former CS had been accused of creating a false alarm by alleging that police raided his home on Wednesday, February 15.
