The Ethics and Anti-Corruption Commission (EACC) has obtained orders to recover Sh13 million from former Nairobi City Council official Mary Ngechi Ngethe following a High Court judgment linked to the Sh283 million cemetery land procurement.
In a judgment delivered by Justice Benjamin Musyoki at the Anti-Corruption and Economic Crimes Court, the court ordered that the funds be restituted to the public, finding that the money formed part of proceeds connected to the irregular acquisition of land intended for use as a cemetery.
According to the judgment, EACC filed the civil suit seeking to recover Sh13 million alleged to have been corruptly received from a transaction involving the purchase of land identified.
The land was acquired by the defunct Nairobi City Council for Sh283 million for cemetery development, despite concerns raised about its suitability for the intended purpose.
The Commission argued that the procurement process was flawed and that the land had been significantly overvalued.
"The plaintiff (EACC) avers further that the purchase of the land was done through public tender process which was irregular and fraudulent," the judgement states.
Court documents indicate that the value of the land at the time of sale was estimated at approximately Sh30 million, far below the purchase price paid by the Council.
EACC further stated that the tender process was flawed, citing failure by bidders to meet mandatory requirements and concerns raised by technical experts within the Council.
In its case, EACC presented evidence that the procurement process involved irregular tendering procedures and professional advice from planning experts warning that the land was unsuitable for cemetery use.
The Commission maintained that the procurement process resulted in the loss of substantial public funds and sought recovery of the amount traced to the defendant.
Ngethe, who served as Chairperson of the Technical Evaluation Committee and Director of Legal Services at the time, denied liability in her defence.
She maintained that the transaction was conducted professionally through the Council’s advocates.
She also filed a counterclaim alleging violation of her constitutional rights during investigations, including claims of unlawful evidence collection and abuse of legal process.
However, the court found that the Sh13 million received by Ngethe was linked to the disputed transaction and ordered that the funds be returned to the public.
"It is my finding that the plaintiff’s (EACC) suit succeeds as prayed and the counterclaim fails. Judgment is entered for the plaintiff against the defendant for Sh13,000,000.00," he ruled.
"The above sum shall attract interest at court rates from the date of filing this suit until payment in full."
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