A former Permanent Secretary in the Ministry of Local Government and 10 other people will have to defend themselves over the alleged irregular purchase of land for a public cemetery in Mavoko, Machakos County, after a Nairobi court found the prosecution had established a case against them.

Senior Principal Magistrate Celesa Okore of the Milimani Anti-Corruption Court ruled on Tuesday that the evidence presented by the State was sufficient to put all 11 accused on their defence. The land in question was valued at Sh283.2 million.

The case, Anti-Corruption Case No. 19 of 2010, has been in the courts for some 16 years, making it one of the longest-running graft trials in the country.

The charges

The 11 accused face several counts linked to the deal, including:

  • Conspiracy to commit an offence of corruption
  • Fraudulent acquisition of public property
  • Fraudulent disposal of public property
  • Fraudulent practices in procurement proceedings

According to the Ethics and Anti-Corruption Commission (EACC), which investigated the matter, the alleged scheme took place between December 2008 and April 2009. It involved the acquisition of the parcel known as L.R. No. 14759/2, which was reportedly bought for the development of a cemetery in Mavoko.

The prosecution was led by Deputy Director of Public Prosecutions Christine Gakobo and Principal Prosecution Counsel Samita Mang'oli, the Office of the Director of Public Prosecutions (ODPP) said.

Next steps

With the ruling, the accused will now present their side of the story. The defence hearing has been scheduled for January 25 to 29, 2027, before Chief Magistrate Victor Wakulime, who is handling the matter.

A finding that an accused person has a case to answer is not a conviction. It only means the court is satisfied that the prosecution has presented enough evidence to require a response. All 11 remain presumed innocent until the court rules otherwise.

A long road

The Mavoko cemetery deal was among a cluster of land scandals linked to the former Ministry of Local Government in the late 2000s, when public bodies were accused of paying inflated prices for land meant for public use. The case was filed in 2010 and has since moved through several stages and court officers.

The ruling comes as the ODPP pushes to conclude older corruption cases, some of which have stalled for more than a decade due to adjournments, appeals and changes on the bench.

Photo: Citizen Digital (Milimani Law Courts file image). Thumbnail design: HAMASTA MEDIA.