The Ethics and Anti-Corruption Commission has recovered Sh9. 45 million from a private company linked to the purchase of a public cemetery land by the defunct City Council of Nairobi.
The amount is part of Sh173 million believed to have been fraudulently acquired in the purchase of the said 120-acre land in 2008.
EACC had filed nine recovery suits on the same. Another one of the suits was recovered in 2022. The other seven are at various stages of hearing in the High Court.
Investigations carried out by the anti-graft body established then Town Clerk of the defunct City Council received Sh283 million from the then Permanent Secretary of the Ministry of Local Government as payment for the purchase of land for use as a public cemetery.
The City Council officials, however, working with other individuals, hatched a scheme where they purchased land worth Sh110 million.
The remaining Sh173 million was distributed to various private companies, individuals and public officers.
It was found that from the shared amount, the company received Sh9,450,000.
In 2012, the Commission filed a case against the company and its director contending that the defendants had corruptly, illegally and fraudulently received the money.
EACC told the court that the land did not meet the criteria set but the tender document on soil suitability for a cemetery.
This is considering that it had 2 ½ feet of cotton soil and 2 ½ feet of rocks.
The suit also said the soil depth did not reach a minimum of 1.8 metres deep and therefore did not meet the mandatory condition in the tender document on 6 feet of soil depth.
It added that the land did not belong to the company and that the tender process was irregular as the company did not meet the eligibility and mandatory requirements.
Further, the investigation established that the advocate firm involved in the land purchase had forged a letter falsely informing the City Council that the registered land owner had appointed the company as his agent.
"The High Court has agreed with EACC that the defendants were liable for illicit enrichment as they were not entitled to the funds they received," EACC said.
In her judgement, Justice Esther Maina ordered the defendants to pay EACC Sh9,450,000 together with costs and interest from the date of receipt of the monies in 2012.
