Twelve individuals and a company accused of conspiring to defraud the defunct Nairobi City Council and the Ministry of Local Government of Sh. 283.2 million in a controversial cemetery land deal have been placed on their defence.
The decision marks a significant stage in a case that dates back to 2008 and 2009, when public funds were allegedly used to acquire land earmarked for a cemetery, in a transaction that later attracted the attention of anti-corruption investigators.
In a ruling delivered on Tuesday, October 27, 2026, Milimani Anti-Corruption Court Principal Magistrate Celesa Okore found that the prosecution had established a case requiring the accused to respond to the allegations against them. 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.
They face various charges, among them conspiracy to commit corruption, fraudulent acquisition and disposal of public property, and fraudulent practices in procurement proceedings. However, the case will proceed differently for the second accused, Mary Ngechi Ng’ethe, whose proceedings remain stayed following an order by the Court of Appeal pending the determination of a matter before the superior court.
At the centre of the prosecution’s case is the alleged purchase of land parcel L.R. No. 14759/2, which was intended to serve as a public cemetery for Nairobi residents.
According to investigations by the Ethics and Anti-Corruption Commission (EACC), the accused allegedly conspired between December 2008 and April 2009 to obtain Sh. 283.2 million from the two public institutions by presenting the money as the purchase price for the cemetery land. Investigators subsequently raised concerns over how the transaction was conducted, including the alleged fraudulent acquisition and distribution of public funds in connection with the purchase.
The prosecution further alleges that, in February 2009, various individuals involved in the transaction fraudulently acquired different sums of money, ranging from Sh. 8 million to Sh. 281.3 million.
In a further allegation, the accused are said to have fraudulently disposed of Sh. 117 million belonging to the defunct city council and the Ministry of Local Government, purportedly presenting the amount as proceeds from the sale of the land by Naen Rech Limited.
The cemetery land deal has previously attracted scrutiny over the procurement process and the expenditure of public funds, with the EACC pursuing efforts to recover money allegedly lost in the transaction.
With the prosecution having closed its case and the court finding that the accused have a case to answer, the individuals and the company will now have an opportunity to challenge the allegations and present their respective defences.
The defence hearing is scheduled for January 25 to 29, 2027.
