The High Court has reversed the acquittal of former Finance Minister Amos Kimunya's in a Sh60 million fraud case.
Kimunya, former director of land adjudication Lillian Njenga, and Junghae Wainaina, chairman of the board of Midlands Limited, were acquitted by Magistrate Felix Kombo in June 2021.
Aggrieved with the trial court's decision, the DPP through Alexander Muteti appealed the acquittal and that of his two co-accused saying the court erred in law by setting them free.
After considering the evidence adduced, Justice Esther Maina on Thursday said she was satisfied that the prosecution established a valid case against them.
She said the three should not have been acquitted but placed on their defence.
"Appeal is allowed. They will go back to the trial court to enter their defence. Count is, however, defective," said the Judge.
The three will now have to present themselves before Chief Magistrate Lawrence Mugambi on October 11 for directions.
If they fail to appear before court on the said date, Justice Maina said warrants of arrest will be issued against them.
Kimunya and his co-accused will now have to defend themselves on five counts of corruption related offences.