EACC recovers Ksh.13M from ex-Nairobi City Council official in cemetery land scandal

The Ethics and Anti-Corruption Commission has recovered Ksh.13 million from a former Nairobi City Council official linked to the controversial Ksh.283 million cemetery land scandal.

In a judgment delivered on March 24, 2026, at the Milimani Law Courts, Justice Benjamin Musyoki ordered that the funds be restituted to the public, finding that they were part of proceeds from a fraudulent land transaction.

The money was recovered from Ms Mary Ngechi Ngethe, who served as chairperson of the Technical Evaluation Committee during the procurement process.

According to court documents, the anti-graft agency moved to recover “Ksh.13,000,000, which is said to have been corruptly received by the defendant from proceeds of a fraudulent transaction involving purchase by the defunct City Council of Nairobi… of L.R. number 14759/2.”

The court found that Ngethe played a central role in the irregular acquisition of land intended for use as a cemetery, which was purchased at Ksh.283 million despite being unsuitable.

“It was alleged further that the land was intentionally overvalued in a corrupt scheme to embezzle funds from the Council,” the judgment states.

Investigations established that the actual value of the land at the time stood at about Ksh.30 million, raising concerns over deliberate inflation of the purchase price.

The court also heard that the procurement process was marred by irregularities, with the EACC outlining several instances of fraud, including that “the bids for the tender did not meet the mandatory requirements” and that “the tender was awarded on the basis of a defective tender instrument despite protests from the Council’s experts.”

Further, the Commission argued that the defendant forwarded a report recommending award of the tender, yet none of the bidders qualified and ignored professional advice, “ that the land was unfit for the intended purpose.”

Evidence presented in court showed that out of the Ksh.283 million paid for the land, only Ksh.110 million went to the registered owner, while the remainder was fraudulently distributed among individuals involved in the scheme.

A witness testified that the land, located in Athi River, was unsuitable for burial due to its soil composition, noting that “none of the areas of the holes was suitable for burial.”

Another key witness, a former government valuer, told the court that a purported valuation placing the land at over Ksh.325 million was a forgery, stating that the document did not originate from the Ministry of Lands.

The court also heard that Ngethe received the Ksh.13 million through a law firm after the transaction was completed, with evidence showing the funds were transferred and later handed over to her.

In her defence, Ngethe denied receiving the money and maintained that the transaction was legitimate. She also filed a counterclaim alleging violation of her constitutional rights, including claims that evidence against her was obtained illegally. However, the court dismissed her claims.

The ruling reinforces the EACC’s ongoing efforts to recover public funds lost through corruption. So far, the Commission has recovered over Ksh.80 million through civil suits targeting beneficiaries of the scheme, alongside fines imposed in criminal cases.