The cemetery land case will proceed to defence hearings in January 2027.
The Milimani Anti-Corruption Court finds a case to answer and sets defence hearings for January 2027, subject to applicable court orders.
The Milimani Anti-Corruption Court has ruled that 12 accused in the KSh283.2 million Nairobi cemetery case have a case to answer. The ruling moves the corruption proceedings to the defence stage, subject to applicable court orders.
Principal Magistrate Celesa Okore delivered the decision on Tuesday, October 28, in Anti-Corruption Case No. 19 of 2010. The court scheduled the defence hearing for January 25 to 29, 2027.
However, proceedings against the second accused, Mary Ngechi Ng’ethe, remain subject to a Court of Appeal stay. That order applies pending determination of the matter before the superior court.
Nairobi cemetery case moves to defence stage
The accused face charges including conspiracy to commit corruption and fraudulent acquisition and disposal of public property. They also face allegations of fraudulent practices in procurement proceedings.
The ruling requires the accused to present their defence, subject to the court orders affecting proceedings. It does not establish guilt, and all the accused remain presumed innocent until proved guilty.
Meanwhile, the Ethics and Anti-Corruption Commission welcomed the decision and pledged continued support for the prosecution. The agency said it would provide that support in line with its mandate as proceedings continue.
Allegations centre on public cemetery land purchase
The case concerns public funds intended to buy cemetery land for the defunct City Council of Nairobi. The alleged scheme also involved funds belonging to the Ministry of Local Government.
EACC alleges that the accused conspired to defraud the two institutions between December 2008 and April 2009. Investigators say they presented KSh283.2 million as the purchase price for land parcel L.R. No. 14759/2.
The parcel was purportedly intended for a public cemetery. EACC further alleges that various accused acquired public money in February 2009, with amounts ranging from KSh8 million to KSh281.3 million.
The agency also alleges fraudulent disposal of KSh117 million belonging to the council and the ministry. It says the money purportedly represented proceeds from Naen Rech Limited’s sale of the cemetery land.
Who faces the charges
The accused include Sammy Kipng’etich Kirui, Mary Ngechi Ng’ethe, Alexander Musanga Musee and Maina Chege. Naen Rech Limited, Newton Omondi Osiemo, Alphonce Mutinda and Paul Chapia Onduso also face charges.
The remaining accused are Davies Odero Osiemo, Joseph Owino K’ojwando, Daniel Mulwa Nguku and Herman Stevens Chavera.
