In a significant development, the Ethics and Anti-Corruption Commission (EACC) has emerged victorious in the 5th recovery suit related to the notorious Kes.283 million Nairobi Cemetery Land Scandal.
The recovery suit, amounting to Kes.7 million, was successfully pursued against Dr. Daniel Nguku and Janet Mulwa, identified as beneficiaries of public funds embezzled during the fraudulent procurement of 48.30 hectares of cemetery land in Athi River, Machakos County.
Out of the misappropriated Kes.283,200,000, a staggering Kes.110,000,000 was allocated for the acquisition of the cemetery land, deemed unsuitable for its intended purpose.
Shockingly, Kes.173,000,000 was illicitly distributed among government officials through 26 law firms and proxy companies. Notably, valuations conducted by both EACC and the Ministry of Lands valued the purchased land at only Kes.30,000,000.
Justice Esther Maina, presiding over the 4th recovery suit, ruled on Thursday that Dr. Daniel Nguku and Janet Mulwa must repay the wrongfully acquired Kes.7,000,000, cover the costs of the suit incurred by EACC, and face an annual interest rate of 12% dating back to 2009 when the embezzlement transpired.
This follows a precedent set on November 16, 2023, when Justice Esther Maina directed another beneficiary, Joseph Owino Kojwando, to reimburse the government Kes.10,000,000, in addition to shouldering the costs of the suit and facing a 12% annual interest rate from the fraudulent transaction date.
With 8 recovery suits filed in connection to the cemetery land scandal, the recent ruling marks the completion of the 5th suit, while the 6th judgement is slated for February 28, 2024. EACC’s overarching objective is to reclaim the entire Kes.173,000,000 unlawfully distributed among government officials, coupled with interest at the court-mandated rate of 12% dating back to the 2009 theft.
The ongoing legal battles underscore a determined effort to combat corruption and restore accountability within the public sector.
