12 accused ordered to defend themselves in Sh283 million Nairobi cemetery land scandal

12 accused ordered to defend themselves in Sh283 million Nairobi cemetery land scandal - Nairobi's Lang'ata Cemetery. (Photo: Jill Craig/VOA)

The case revolves around the acquisition of land parcel L.R. No. 14759/2, which was allegedly purchased using public funds for the establishment of a cemetery to serve Nairobi residents.

Twelve individuals and a company will be required to defend themselves against allegations of defrauding the defunct Nairobi City Council and the Ministry of Local Government of Sh283.2 million in a controversial cemetery land purchase dating back nearly two decades.

Milimani Anti-Corruption Court Principal Magistrate Celesa Okore ruled on October 27, 2026, that the prosecution had presented sufficient evidence to warrant a defence from the accused, bringing the case closer to the determination of the allegations.

The case revolves around the acquisition of land parcel L.R. No. 14759/2, which was allegedly purchased using public funds for the establishment of a cemetery to serve Nairobi residents.

The accused are Sammy Kipng’etich Kirui, Mary Ngechi Ng’ethe, Alexander Musanga Musee, Maina Chege, Naen Rech Limited, Newton Omondi Osiemo, Alphonce Mutinda, Paul Chapia Onduso, Davies Odero Osiemo, Joseph Owino K’ojwando, Daniel Mulwa Nguku and Herman Stevens Chavera.

They face various charges, including conspiracy to commit corruption, fraudulent acquisition and disposal of public property, and fraudulent practices in procurement proceedings.

According to the Ethics and Anti-Corruption Commission (EACC), the alleged scheme was carried out between December 2008 and April 2009, when the accused allegedly conspired to obtain Sh283.2 million from the two public institutions under the guise of purchasing land for a public cemetery.

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The prosecution further alleges that money was fraudulently acquired and distributed among individuals involved in the transaction, with the amounts allegedly received ranging from Sh8 million to Sh281.3 million.

Investigators also claim that Sh117 million belonging to the defunct City Council and the Ministry of Local Government was fraudulently disposed of, purportedly as proceeds from the sale of the land by Naen Rech Limited.

The allegations centre on the circumstances surrounding the purchase, the handling of public funds and the procurement process used in the transaction.

However, the decision to place the accused on their defence does not amount to a finding of guilt. They will have an opportunity to challenge the prosecution's evidence and present their own cases before the court determines their culpability.

The proceedings against the second accused, Mary Ngechi Ng’ethe, remain stayed following an order by the Court of Appeal pending the determination of a matter before the superior court.

The defence hearing has been scheduled for January 25 to 29, 2027, when the accused are expected to begin presenting their responses to the charges.