NAIROBI,Kenya Oct 28 – The Director of Public Prosecutions (DPP) has secured a significant milestone in a Sh283.2 million corruption case involving the controversial purchase of cemetery land in Mavoko, Machakos County, after the court ordered the accused persons to defend themselves.

The ruling, delivered at the Milimani Anti-Corruption Court on October 27, 2026, means the prosecution has presented sufficient evidence at this stage to require the accused to respond to the charges. It does not amount to a conviction.

The case, Anti-Corruption Case No. 19 of 2010, concerns the alleged irregular acquisition of land by the defunct Nairobi City Council for use as a public cemetery.

Senior Principal Magistrate Celesa Okore delivered the ruling in a matter presided over by Chief Magistrate Victor Wakumile.

The accused include former Permanent Secretary in the Ministry of Local Government Sammy Kirui and other individuals implicated in the transaction. They face charges including conspiracy to commit an offence of corruption, fraudulent acquisition of public property, fraudulent disposal of public property and fraudulent practices in procurement proceedings.

The defence hearing is scheduled to begin on January 25, 2027.

The prosecution has handled the case over the years through Deputy Director of Public Prosecutions Christine Gakobo and Principal Prosecution Counsel Samita Mang’oli.

The current prosecution team comprises Assistant Director of Public Prosecutions Susan Keli, Principal Prosecution Counsel Celestine Oluoch and Principal Prosecution Counsel Kennedy Panyako.

The case stems from the acquisition of approximately 120 acres of land in Athi River, Mavoko, intended to provide an alternative burial ground for Nairobi residents as the existing Lang’ata Cemetery faced capacity constraints.

Investigations and previous court proceedings raised questions about the procurement process, the suitability of the land for burial purposes and the price paid by the defunct council.

The transaction involved a payment of Sh283.2 million, of which Sh110 million went towards the purchase of the land. The remainder, approximately Sh173 million, was allegedly distributed among government officials through law firms and proxy companies.

The land was subsequently assessed by investigators and government valuers at a substantially lower value, with reports indicating that it was worth about Sh30 million at the time.

The acquisition also attracted scrutiny over the procurement process, including allegations of irregular tender evaluations and concerns about whether the property met the requirements for a cemetery.

The scandal has resulted in separate criminal proceedings and civil recovery efforts targeting individuals alleged to have benefited from the transaction.

In 2018, several former officials were convicted in related proceedings. However, the High Court later overturned Kirui’s conviction in 2020 after finding that the prosecution had failed to prove the charge of abuse of office against him beyond reasonable doubt. The current case-to-answer ruling relates to the proceedings in Anti-Corruption Case No. 19 of 2010 and should not be confused with the outcome of that separate appeal.

The Ethics and Anti-Corruption Commission has also pursued civil proceedings to recover money allegedly obtained through the transaction, with previous reports documenting recoveries from individuals linked to the scandal.

The upcoming defence hearing will give the accused an opportunity to respond to the prosecution’s evidence as the long-running case proceeds.