Former Nairobi City Council Officials Ordered to Refund Over Ksh 7M in Cemetery Land Case

Milimani Law Courts
Milimani Law Courts that hosts a number of courts within the Judicial Service Commission (JSC).
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Judiciary

Ethics and Anti-Corruption Commission (EACC) has won a recovery suit for Ksh7,000,000 in a case involving the procurement of cemetery land in Athi River, Machakos County. 

In a court ruling passed by Justice Esther Maina on Thursday, February 8, two former county officials were ordered to pay back the Ksh7,000,000 they received from the embezzlement scandal.

“The two will also cater for costs of the suit to EACC and interest at 12 per cent per annum, from 2009 when the embezzlement took place,” EACC noted. 

The two officials were part of a team that purchased a cemetery land valued by EACC officials at Ksh30,000,000, at an exaggerated undervalued cost of Ksh2.8 million. 

A Photo Of EACC Headquarters, Integrity Centre Nairobi
A section of the EACC Headquarters Integrity Centre in Nairobi County
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EACC

The two were among government officials from 26 law firms and proxy companies, who shared Ksh173,000,000 which remained after purchasing the said land at Ksh110,000,000. 

In a previous judgement in the same case, Justice Esther Maina ordered another beneficiary to pay back Ksh10,000,000, and in addition, cater for the costs of the suit at a 12 per cent interest rate, from the date he fraudulently received the money. 

Pending the ruling of three more recovery cases filed under the cemetery land scandal, EACC expressed their hope to recover the full amount lost, after winning five suits relating to the decade-old case.  

“This is the 5th to be completed in court and the 6th judgement is coming up on 28th February 2024. EACC seeks to recover the entire Ksh173,000,000 shared among the officials together with interest at court rates (12%) from the date of theft in 2009,” the commission stated. 

In efforts to tame corruption cases within the government, EACC on Wednesday, February 7, arrested a Mombasa County government employee for demanding a Ksh15,000 bribe from a member of the public, with a promise to expedite quick processing of a permit. 

The suspect was processed at the EACC Lower Coast Regional Office in Mombasa on Thursday, February 8, awaiting arraignment upon conclusion of the investigations.

EACC commended Kenyans exposing rogue officials, urging them to stay vigilant and report corruption-related incidents when they happen. 

“The Commission appreciates Kenyans who are increasingly exposing incidences of bribe demands at service delivery points. Complaints may be made through Toll-Free Number 1551,” the commission instructed. 

Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak giving a speech
Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak
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