CURRENT NEWS - YEAR 2018
CONVICTION ON CORRUPTION IN PROCUREMENT OF A CEMETERY BY THE NAIROBI CITY COUNCIL

The Ethics and Anti-Corruption Commission (EACC) has secured a major boost to the fight against corruption following and slapping on of a massively prohibitive fine of Kshs. 77.2 million against a Government official and a private surveyor found guilty of irregularities in the purchase of public cemetery land for the City Council of Nairobi. The Commission investigated the matter and provided evidence which led to the convictions.

The two, Mr.Boniface Okerosi Misera and Mr.Cephas Kamande Mwaura, were found guilty of fraudulent acquisition of public property and fined Kshs. 40 million and 37.2 million each respectively by a Nairobi Court over irregular purchase of 120 acre parcel of land meant for use as a cemetery by the Nairobi City Council.

Mr.Boniface Okerosi Misera, a former Director of Procurement at the Ministry of Local Government and Surveyor, Mr.Cephas Kamande Mwaura will each serve a mandatory jail term of two years. A further one-year jail term awaits them should they fail to raise their respective fines.

The two, who were charged under the Anti-Corruption and Economic Crimes Act (ACECA) 2003, were found guilty of fraudulently acquiring a total of Ksh.19.3 million being part of Ksh283 million which was indicated as the cost of the cemetery land.

Mr. Misera was found guilty of fraudulently acquiring from the City Council of Nairobi Ksh.10 million on February 24th 2009. Mr Mwaura was found guilty of fraudulently acquiring public property in terms of cash, Ksh. 9.3 million from the City Council. According to ACCE, the offenders convicted of a crime under this act are fined four times the cost of the amount guilty of, hence Kshs. 40million and 37.2 million respective fines.

The two were convicted by the anti-corruption court magistrate in Nairobi Mr. Felix Kombo. They had been charged alongside former Nairobi Mayor, Mr.Geoffrey Odhiambo Majiwa and former Nairobi Deputy Town Clerk, Geoffrey Charo Katsoleh. The trial court acquitted Mr. Majiwa and Mr. Katsoleh after the prosecution closed their case for lack of sufficient evidence while Mr. Misera and Mr. Mwaura were placed on their defence. They were eventually found guilty of conspiracy to commit an offence of corruption.

The case revolved around sale of 120 acres offered by M/S Naem Rech Ltd to City Council of Nairobi for at KSh283, 200,000/= million meant to serve as a cemetery in 2010.

The matter was reported to the Commission on 21st January 2009 and the Commission commenced investigations and collection of documentary evidence from around 3rd March 2009. EACC investigators unveiled documentary evidence including an intricate web of money transfers to the accused through proxies.

The City Council had embarked on acquisition of a new cemetery in Athi River, in Machakos District, following increased demand for burial space on Lang’ata cemetery, which had reached its full capacity.


Posted on Tuesday, March 27, 2018

 

 
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