A Nairobi court has acquitted former Laikipia East Member of Parliament Anthony Mutahi Kimaru in a case where he is accused of stealing a title deed for a Nanyuki land.

Chief Magistrate Bernard Ochoi ruled that the prosecution had failed to prove the land fraud related charges against the former lawmaker.

“I hereby acquit the accused person under section 215 of the criminal procedure code since the prosecution has failed to prove the charges before this court,” the magistrate ruled.

Kimaru was acquitted of stealing the title Deed for L. R No.10422/13 in Nanyuki Township valued at Sh 18.5 million from advocates George Odinga Oraro and David Morton Silverstein.

The court noted that the ingredients of the stealing count could not be proved because the said tittle deed did not exist at the time of the commission of the offense.

“When senior counsel George Oraro testified, he told the court he did not report the matter to the police because the dispute on the ownership had not been determined by Environment and Land court meaning the title did not exist then,” the magistrate added.

The lawyers were the executors of the estate of the late Livia Lepeor Trench.

Mutahi was accused of willfully and unlawfully conspiring to procure the registration of the said parcel of land in his name, without the authority of the said executors.

He was alleged to have committed the offence on or before the 5th September 2016 at Ministry of Lands in Nairobi County, jointly with others not before court.

In his defense, the accused person told the court that the land was lawfully transferred to him by the executors.

However, the investigating officer said the alleged consent was obtained fraudulently.