Nairobi lawyer in Ksh.283M city council cemetery scandal ordered to pay back Ksh.25M

The High Court has ordered a Nairobi lawyer to pay back Ksh.25.9 million that he reportedly pocketed for fraudulently selling a parcel of land to the Nairobi City Council.

According to court papers, the Ethics and Anti-Corruption Commission (EACC) sued Alphonce Munene Mutinda for fraudulently selling a parcel of land to the City Council for over Ksh.283 million.

The city council is said to have intended to use the parcel as a cemetery.

Investigations by EACC revealed that the said parcel's sale was advertised on September 18 and September 22, 2008 and attracted 12 bids.

"The tender was fraudulently awarded to the Naen Rech Limited in spite of the fact that none of the bids was responsive," read court documents.

On December 19, 2008, one Henry Kilonzi then entered in an agreement with Naen Ltd and agreed to sell the land for Ksh.110 million.

On the same day, Kilonzi fraudulently sold the parcel to the city council for Ksh.283 million which was paid into joint accounts created under advocate firms Odero, Osiemo & Company Advocates, P.C Onduso & Company Advocates and Alphonce Mutinda & Company Advocates.

EACC now argues that the parcel was sold at an exaggerated amount and it was awarded to a party that had not rightfully won the tender bid.

The commission also argues that the transaction was fraudulently undertaken by some public officers and other parties including lawyer Mutinda.

In anti-graft body further notes that out of the Ksh.283 million, only Ksh.110 was paid to the registered owner of the parcel and the extra amount was shared between different parties.

Lawyer Mutinda is said to have received Ksh.25.9 million of the shared amount.

"The defendant has been unjustly enriched to the tune of Ksh.25.9 million at the expense of the Council and is therefore liable in restitution," added court documents.