High Court Orders Nairobi Lawyer Behind Ksh 283M Cemetery Scandal to Refund Ksh 25.9M

A distant view of Nairobi city experiencing sunny weather condition
A distant view of Nairobi city experiencing sunny weather condition
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Maasai Mara National Park

The High Court on Thursday ordered a Nairobi lawyer to refund Ksh25 million he is accused of obtaining fraudulently.

While issuing the orders, the court also directed the lawyer to pay all the interest accrued from the date he allegedly received the amount.

According to the court, the interest will be determined by the court and will be calculated from the year 2009, when he was first accused of receiving the money.

Justice Esther Maina also ordered the lawyer to pay the costs of the suit filed by the Ethics and Anti-Corruption Commission (EACC).

EACC CEO Twalib Mbarak speaking during the recovery of the Ksh1.2 billion Chale Island in Kwale County on October 9, 2023.
EACC CEO Twalib Mbarak speaking during the recovery of the Ksh1.2 billion Chale Island in Kwale County on October 9, 2023.
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EACC

The city attorney is accused of being one of the perpetrators of the Ksh283 million Nairobi City Council cemetery scandal. He is accused of allegedly forging a letter to facilitate the sale of the cemetery land.

The case dates back to 2009 when EACC moved to court seeking to recover the Ksh283 million.

In its suit, EACC stated that individuals from the Nairobi City Council illegally sent millions to a person claiming ownership of the land in a bid to acquire the parcel.

Despite the transaction taking place, EACC noted that only Ksh110 million out of the Ksh283 million was paid to the alleged landowner.

According to EACC, the remaining Ksh173 million went to other people's accounts including the lawyer who received Ksh25 million in the fraudulent transaction.

The lawyer allegedly forged a letter claiming that the original cemetery land owner had appointed him as their agent in the sale process.

Ever since the case was filed in court, the government has recovered several amounts of money that belonged to the Nairobi City Council.

For instance in June last year, EACC recovered Ksh9.4 million from a private company that was also implicated in the case.

The Milimani Law Courts building which hosts the High Court
The Milimani Law Courts building which hosts the High Court
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Office of the Registrar High Court
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