Acting Director of Surveys Polly Wanjiku Gitimu has been declared unfit to hold public office, after being linked to a Ksh8 billion land saga in Karen.
Ms Gitimu was linked to the fraudulent transfer of the 134-acre land by the Ethics and Anti-Corruption Commission (EACC), which recommended fraud charges against her.
In a ruling delivered on Monday, Justice Nelson Abuodha faulted the Ministry of Lands for promoting Ms Gitimu, despite being aware of the case.
“In view of the unresolved issues touching on the 1st interested party (Ms Gitimu) involvement in fraud and corruption, she is unfit to hold the position of Director of Surveys in any capacity,” Justice Abuodha said.
The charges were later dropped based on a technicality linked to the composition of the EACC board.
Ms Gitimu was accused alongside former Lands Minister Charity Ngilu (now Kitui governor) for multiple allocation of the land, which is now being claimed by several people.
Justice Abuodha noted that Ms Gitimu was not acquitted, hence the allegations still stand, and she cannot hold another public office unless resolved in her favour.
“To ignore these serious allegations and seek to promote the 1st Interested Party (Ms Gitimu) before they are resolved would fly in the face of Chapter 6 of the Constitution and Section 34(2) of the Public Service Act,” the judge said.
The case against Ms Gitimu’s elevation was filed by Juma Okumu, who argued that her promotion was contrary to Chapter Six of the Constitution.
EACC had accused her of falsifying land documents and fraud in the saga.
According to the petitioner, Ms Gitimu had been suspended after the revelations by EACC, but the ministry secretly reinstated her and promoted her to the position of Director of Survey.
“The commission is reviewing the case including the 1st Interested Party’s (Ms Gitimu) which were affected by the Court of Appeal’s decision with a view to reviving the same now that EACC has been properly constituted,” the judge said.