- EACC said he represented the land's purported vendor as his lawyer despite knowing that his client did not bid or participate in the tender with the Council.
- It added that he had received the money as payment knowing that he was not entitled to the same.
Image: FILE
The High Court in Nairobi has ordered a lawyer to pay back Sh25.9 million he is said to have obtained following the fraudulent sale of land.
Milimani Judge Esther Maina also ordered him to pay the costs of the suit to the Ethics and Anti-Corruption Commission (EACC) and interest at court rates from 2009, when he received it.
EACC had sued City Lawyer Alphonce Munene Mutinda for fraudulently selling the land intended to be used as a public cemetery, to the City Council for Sh283.2 million.
It said he represented the land's purported vendor as his lawyer despite knowing that his client did not bid or participate in the tender with the Council.
It added that he had received the money as payment knowing that he was not entitled to the same.
According to court papers, the land's procurement process initiated by the City Council in September 2008 attracted 12 bids.
Investigations carried out by the anti-graft body showed that the tender was awarded even though none of the bids was responsive.
It established that the company which had been awarded the tender got into a deal with the seller on December 19, 2008, to buy the land for Sh110 million.
On the same day, EACC found, the Council entered into an agreement purporting to purchase the same land for Sh283 million.
The amount was paid to a joint account in the names of a number of advocates' firms including Alphonce Mutinda and Company Advocates.
EACC told the court that despite the illegalities in the conclusion of the purported sale agreement with a party that was not the successful bidder in the tender, the land was not worth selling for the amount.
"The purported purchase price of Sh283,000,000 was highly exaggerated," the Commission said.
It added that the entire transaction leading up to the land purchase at the amount was a "fraudulent scheme" on the part of some public officers and other persons, including Mutinda, to unlawfully acquire public property.
This, the court heard, resulted in the contract being null and void.
It further heard that of the Sh283 million paid, only Sh110 million was paid to the land's registered owner and that the rest was paid to the other persons.
EACC contended that the money paid to the various persons belonged to the City Council of Nairobi and therefore public property which they were not entitled to receive.
"Among other recipients of the funds aforesaid was the defendant (Mutunga) who was paid the sum of Sh25.9 million over and above his legal fees as the lawyer acting for the purported vendor in the said fraudulent transaction," the court was told.