12 Accused in Sh283.2mn Nairobi Cemetery Scandal Put on Defence

NAIROBI, Kenya, Oct 28 — Twelve accused persons in the KSh283.2 million Nairobi City cemetery land scandal have been placed on their defence after the Milimani Anti-Corruption Court ruled that they have a case to answer.

Principal Magistrate Celesa Okore delivered the ruling on Tuesday in the Milimani Anti-Corruption Case No. 19 of 2010, paving the way for the defence hearing scheduled for January 25 to 29, 2027.

The Ethics and Anti-Corruption Commission (EACC) welcomed the decision, saying it would continue supporting the prosecution as the matter proceeds through the courts.

The accused face various charges, including conspiracy to commit corruption, fraudulent acquisition and disposal of public property, and fraudulent practices in procurement proceedings.

However, proceedings against the second accused, Mary Ngechi Ng’ethe, remain subject to a stay granted by the Court of Appeal pending determination of the matter before the superior court.

The case stems from allegations of a scheme to defraud the Ministry of Local Government and the defunct City Council of Nairobi of public funds intended for the purchase of land for use as a public cemetery.

According to the EACC, investigations established that between December 2008 and April 2009, the accused allegedly conspired to defraud the two institutions of KSh283.2 million by presenting the amount as the purchase price for land parcel L.R. No. 14759/2.

The land was purportedly intended for use as a public cemetery.

Investigations further established that various accused persons allegedly acquired different sums of public money in February 2009, with the amounts ranging from KSh8 million to KSh281.3 million.

The anti-graft agency also alleged that Sh117 million belonging to the City Council of Nairobi and the Ministry of Local Government was fraudulently disposed of, purportedly as proceeds from the sale of the cemetery land by Naen Rech Limited.

The allegations form the basis of the corruption and procurement-related charges the accused are facing in court.

The court’s ruling that the accused have a case to answer means they will be required to present their defence against the charges, subject to the applicable court orders.

The defence hearing is scheduled to take place from January 25 to 29, 2027.

The EACC said it would continue supporting the prosecution in line with its mandate as the case progresses.

The accused are Sammy Kipng’etich Kirui, Mary Ngechi Ng’ethe, Alexander Musanga Musee, Maina Chege, Naen Rech Limited, Newton Omondi Osiemo, Alphonce Mutinda, Paul Chapia Onduso, Davies Odero Osiemo, Joseph Owino K’ojwando, Daniel Mulwa Nguku and Herman Stevens Chavera.

The proceedings remain ongoing, and all the accused persons are presumed innocent until proved guilty in accordance with the law.