NAIROBI, Kenya, Mar 26 – The Ethics and Anti-Corruption Commission (EACC) has secured court orders for the recovery of Sh13 million from a former official of the defunct Nairobi City Council in connection with the long-running Sh283 million cemetery land scandal.
The funds were recovered from Mary Ng’ethe, who served as Chairperson of the Technical Evaluation Committee during the disputed procurement process.
The court found that she received the money as a kickback for her role in facilitating the irregular award of the contract.
In a judgment delivered on Tuesday, Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Court ruled that Ng’ethe played a central role in the flawed procurement process.
The court held that she helped orchestrate and guide the irregular tender process and that the money she received constituted proceeds of corruption. The judge further ruled that the recovered funds belonged to the public and must be returned to the national coffers.
EACC investigations revealed that the City Council of Nairobi suffered significant losses in the controversial purchase of land intended for use as a public cemetery under tender reference CCN/MOH/T/020/08/09, valued at Sh283 million.
Investigators established that the land acquired was unsuitable for cemetery use, the purchase price was grossly inflated, only KSh110 million was paid to the registered land owner and that the remaining funds were allegedly shared among individuals involved in the scheme
Several individuals implicated in the scandal have been charged, prosecuted, and convicted for offences including procurement fraud and money laundering.
Ng’ethe was previously convicted in Nairobi Anti-Corruption Criminal Case No. 20 of 2010 and, on May 15, 2018, sentenced to three years in prison on two counts, alongside a mandatory fine of Sh52 million.
So far, the EACC says it has recovered over Sh80 million through multiple civil suits targeting beneficiaries of the scheme. However, one related criminal case, ACC No. 19 of 2010, is still pending before the court.
The Commission reiterated its commitment to recovering proceeds of corruption and ensuring accountability for public resources. It emphasized that asset recovery remains a key part of its strategy alongside the prosecution of offenders in corruption-related cases.
