Twelve individuals and a company accused in the KSh283.2 million Nairobi cemetery land scandal have been placed on their defence after a Milimani Anti-Corruption Court ruled that the prosecution had presented sufficient evidence for them to answer the charges.
Principal Magistrate Celesa Okore delivered the ruling on October 27, 2026, in Milimani Anti-Corruption Case No. 19 of 2010. The court scheduled the defence hearing for January 25 to 29, 2027.
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.
However, proceedings against the second accused, Mary Ngechi Ng’ethe, remain subject to a stay issued by the Court of Appeal pending the determination of a matter before the superior court.
The case relates to allegations that public funds were fraudulently obtained from the Ministry of Local Government and the defunct City Council of Nairobi under the pretext of purchasing land for use as a public cemetery.
According to investigations by the Ethics and Anti-Corruption Commission (EACC), the alleged scheme took place between December 2008 and April 2009. The accused are alleged to have conspired to defraud the two public institutions of KSh283.2 million by presenting the amount as the purchase price for land parcel L.R. No. 14759/2, which was purportedly intended for a public cemetery.
Investigators further established that various accused persons allegedly acquired different amounts of public money in February 2009, with the sums ranging from KSh8 million to KSh281.3 million.
The EACC also reported that KSh117 million belonging to the City Council of Nairobi and the Ministry of Local Government was allegedly disposed of fraudulently. The amount was purportedly presented as proceeds from the sale of the cemetery land by Naen Rech Limited.
The ruling allows the prosecution to proceed to the next stage of the case, where the accused will have an opportunity to present their defence against the charges.
The EACC has welcomed the court’s decision, saying it will continue supporting the prosecution in line with its mandate as the matter proceeds.
The case is expected to resume in January 2027, when the accused persons are scheduled to begin presenting their defence.
