Kombo had acquitted Kimunya, Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands over their involvement in the case.

However, this decision was overturned by the High Court, following an appeal by the director of Public Prosecutions.

A Nairobi anti-corruption court has rejected a plea by former Kipipiri MP Amos Kimunya to have his reinstated Sh60 million fraud case handled by magistrate Felix Kombo.

Kombo had acquitted Kimunya, Lilian Wangiri Njenga and Junghae Wainaina, an official of Midlands, over their involvement in the case.

However, this decision was overturned by the High Court, following an appeal by the director of Public Prosecutions.

Chief magistrate Lawrence Mugambi in declining to have the matter handled by Kombo said it would be unfair as its a decision that was overturned.

"Kombo made his decision in this case but the same was overturned by the High Court, after finding it to be improper. My view is that this matter be tried before another court," he said.

Justice Esther Maina overturned their acquittal saying she is satisfied the prosecution had established a valid case against them.  

Kimunya will now have to defend himself over accusations of irregularly transferring 25 acres worth Sh60 million in Nyandarua to a private company, when he was a minister in 2005.

This applies to his co-accused persons who are facing various graft related charges.

The court also granted Kimunya Sh700,000 bail pending the hearing of his defence.

Njenga and Wanaina were granted Sh1 million each.

The three will be required to appear before senior principal magistrate Peter Ooko on October 31, for directions on how they will defend themselves.

The case revolves around a Sh60 million land in Nyandarua county.

Kimunya is said to have effected the transfer of the land to a private company-Midlands on June 30, 2005, when he served as Lands minister.

He was charged alongside Lilian Wangiri Njenga and Junghae Wainania an official of Midlands.

Njenga worked as the director of land adjudication and settlement at the Ministry of Lands. 

The charges alleged that Kimunya and Njenga allegedly used their offices to allocate to Midlands 25 acres of public land in Nyandarua valued at Sh60 million.

Other charges are abuse of office, failing to disclose a private interest and fraudulent disposal of public property.

Midlands company listed as the fourth accused in the case had 1,496 shareholders in its register as at December 2004.

Kimunya held 250 shares.

Also among the company's shareholders were former president Mwai Kibaki and Lucy Kibaki.

Midlands had 12 Kenyan directors as at April 2007, Kimunya being one of them. He relinquished his directorship in January 2006.