Gerald Kyalo. (geraldbway).
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered Ksh.13 million from a former Nairobi City Council official implicated in the controversial Ksh.283 million cemetery land scandal. The recovery comes as part of ongoing efforts by the anti-graft agency to reclaim public funds lost through fraudulent transactions and corrupt practices.
The judgment, delivered on March 24, 2026, at the Milimani Law Courts by Justice Benjamin Musyoki, ordered that the recovered funds be restituted to the public. The court found that the money formed part of proceeds from a fraudulent land transaction, highlighting the deliberate overvaluation of public assets and the corruption that permeated the procurement process.
The recovered funds were traced to Ms. Mary Ngechi Ngethe, who served as the chairperson of the Technical Evaluation Committee responsible for overseeing the procurement process. Court documents indicate that the EACC moved to recover “Ksh.13,000,000, which is said to have been corruptly received by the defendant from proceeds of a fraudulent transaction involving the purchase by the defunct City Council of Nairobi of L.R. number 14759/2.”
Investigations revealed that Ngethe played a central role in the irregular acquisition of land intended for use as a cemetery. The property was purchased at an inflated price of Ksh.283 million, despite being unsuitable for its intended purpose. “It was alleged that the land was intentionally overvalued in a corrupt scheme to embezzle funds from the Council,” the court ruling noted.
Evidence presented in court established that the actual market value of the land at the time of purchase stood at approximately Ksh.30 million, raising serious concerns over the deliberate inflation of the purchase price. Investigators argued that this significant discrepancy in valuation was part of a broader plan to siphon public resources into private hands.
Further details revealed that the procurement process was riddled with irregularities. The EACC outlined several instances of fraud, noting that “the bids for the tender did not meet the mandatory requirements” and that the tender was awarded based on a defective tender instrument, even as experts within the Council raised concerns and protested against the irregularities.
The Commission further argued that Ngethe forwarded a report recommending the award of the tender, even though none of the bidders met the required standards and the land itself was deemed unfit for the intended cemetery project. Experts had advised against the acquisition, but their warnings were ignored, and the tender was awarded under dubious circumstances.
Court evidence also revealed that out of the Ksh.283 million paid for the land, only Ksh.110 million was transferred to the registered landowner. The remaining amount was allegedly distributed among various individuals involved in the fraudulent scheme, highlighting the depth of collusion and mismanagement in the transaction.
A witness, who examined the land in Athi River, testified that it was unsuitable for burial due to its soil composition. “None of the areas of the holes was suitable for burial,” the witness stated, underscoring the impracticality of the purchase and the apparent disregard for professional advice.
In addition, a former government valuer testified that a valuation document claiming the land was worth over Ksh.325 million was a forgery. The expert stated that the document did not originate from the Ministry of Lands, further supporting allegations of manipulation and deception in the procurement process.
Evidence also showed that Ngethe received the Ksh.13 million through a law firm after the completion of the transaction, with bank records confirming the transfer of funds. Despite this, Ngethe denied receiving the money and maintained that the transaction was legitimate. She further filed a counterclaim alleging violations of her constitutional rights, including claims that the evidence presented against her had been obtained illegally. However, the court dismissed her claims, finding them unsubstantiated.
The ruling is part of the EACC’s broader crackdown on corruption and misappropriation of public funds. The Commission has, so far, recovered over Ksh.80 million through civil suits targeting individuals who benefited from the cemetery land scheme, alongside fines imposed in criminal cases. These efforts are seen as a demonstration of the government’s commitment to holding public officials accountable and safeguarding taxpayer money.
The case has also drawn attention to systemic weaknesses in public procurement and the need for stricter oversight mechanisms. Experts argue that such large-scale corruption not only depletes public resources but also undermines public confidence in government institutions.
As the EACC continues to pursue other individuals involved in the scandal, the recovery of Ksh.13 million from Ngethe represents a small but significant step toward accountability and transparency. The judgment serves as a reminder that corrupt practices in public office have consequences and that the fight against graft remains a national priority.
By addressing the mismanagement and deliberate overvaluation of public land, authorities hope to send a clear message that fraudulent schemes designed to exploit public resources will not go unchallenged. The Nairobi City Council cemetery land scandal remains a stark example of the need for vigilance, professional integrity, and accountability in the handling of public funds.
The judgment, delivered on March 24, 2026, at the Milimani Law Courts by Justice Benjamin Musyoki, ordered that the recovered funds be restituted to the public. The court found that the money formed part of proceeds from a fraudulent land transaction, highlighting the deliberate overvaluation of public assets and the corruption that permeated the procurement process.
The recovered funds were traced to Ms. Mary Ngechi Ngethe, who served as the chairperson of the Technical Evaluation Committee responsible for overseeing the procurement process. Court documents indicate that the EACC moved to recover “Ksh.13,000,000, which is said to have been corruptly received by the defendant from proceeds of a fraudulent transaction involving the purchase by the defunct City Council of Nairobi of L.R. number 14759/2.”
Investigations revealed that Ngethe played a central role in the irregular acquisition of land intended for use as a cemetery. The property was purchased at an inflated price of Ksh.283 million, despite being unsuitable for its intended purpose. “It was alleged that the land was intentionally overvalued in a corrupt scheme to embezzle funds from the Council,” the court ruling noted.
Evidence presented in court established that the actual market value of the land at the time of purchase stood at approximately Ksh.30 million, raising serious concerns over the deliberate inflation of the purchase price. Investigators argued that this significant discrepancy in valuation was part of a broader plan to siphon public resources into private hands.
Further details revealed that the procurement process was riddled with irregularities. The EACC outlined several instances of fraud, noting that “the bids for the tender did not meet the mandatory requirements” and that the tender was awarded based on a defective tender instrument, even as experts within the Council raised concerns and protested against the irregularities.
The Commission further argued that Ngethe forwarded a report recommending the award of the tender, even though none of the bidders met the required standards and the land itself was deemed unfit for the intended cemetery project. Experts had advised against the acquisition, but their warnings were ignored, and the tender was awarded under dubious circumstances.
Court evidence also revealed that out of the Ksh.283 million paid for the land, only Ksh.110 million was transferred to the registered landowner. The remaining amount was allegedly distributed among various individuals involved in the fraudulent scheme, highlighting the depth of collusion and mismanagement in the transaction.
A witness, who examined the land in Athi River, testified that it was unsuitable for burial due to its soil composition. “None of the areas of the holes was suitable for burial,” the witness stated, underscoring the impracticality of the purchase and the apparent disregard for professional advice.
In addition, a former government valuer testified that a valuation document claiming the land was worth over Ksh.325 million was a forgery. The expert stated that the document did not originate from the Ministry of Lands, further supporting allegations of manipulation and deception in the procurement process.
Evidence also showed that Ngethe received the Ksh.13 million through a law firm after the completion of the transaction, with bank records confirming the transfer of funds. Despite this, Ngethe denied receiving the money and maintained that the transaction was legitimate. She further filed a counterclaim alleging violations of her constitutional rights, including claims that the evidence presented against her had been obtained illegally. However, the court dismissed her claims, finding them unsubstantiated.
The ruling is part of the EACC’s broader crackdown on corruption and misappropriation of public funds. The Commission has, so far, recovered over Ksh.80 million through civil suits targeting individuals who benefited from the cemetery land scheme, alongside fines imposed in criminal cases. These efforts are seen as a demonstration of the government’s commitment to holding public officials accountable and safeguarding taxpayer money.
The case has also drawn attention to systemic weaknesses in public procurement and the need for stricter oversight mechanisms. Experts argue that such large-scale corruption not only depletes public resources but also undermines public confidence in government institutions.
As the EACC continues to pursue other individuals involved in the scandal, the recovery of Ksh.13 million from Ngethe represents a small but significant step toward accountability and transparency. The judgment serves as a reminder that corrupt practices in public office have consequences and that the fight against graft remains a national priority.
By addressing the mismanagement and deliberate overvaluation of public land, authorities hope to send a clear message that fraudulent schemes designed to exploit public resources will not go unchallenged. The Nairobi City Council cemetery land scandal remains a stark example of the need for vigilance, professional integrity, and accountability in the handling of public funds.
