EACC Recovers Kes13 million From Former Nairobi City Council Official in Cemetery Land Scandal

The Ethics and Anti-Corruption Commission (EACC) has obtained court orders for the restitution of Kes13 million from a former official of the defunct Nairobi City Council, in connection with the Kes283 million cemetery land scandal.

The funds were recovered from Ms. Mary Ng’ethe, who served as Chairperson of the Technical Evaluation Committee. She received the money as a kickback for her role in facilitating the fraudulent scheme.

In a judgment delivered on March 24, 2026, Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Court found that Ms. Ng’ethe was central to the transaction. The court held that she orchestrated and guided the flawed procurement process, and that the money she received was a reward for her involvement. The court further ruled that the funds rightfully belonged to the public and must be returned to the public coffers.

EACC investigations established that the City Council of Nairobi lost substantial public funds in the irregular procurement of land intended for use as a cemetery under tender notice CCN/MOH/T/020/08/09, valued at Kes283 million.

The Commission found that the land acquired was unsuitable for cemetery use and that the contract price was grossly inflated. Of the total amount, Kes110 million was paid to the registered owner, while the balance was fraudulently shared among individuals who facilitated the scheme.

Those implicated were charged, prosecuted, and convicted for various offences, including procurement irregularities and money laundering. Ms. Ng’ethe was convicted in Nairobi Anti-Corruption Criminal Case No. 20 of 2010 on May 15, 2018, and sentenced to three years’ imprisonment on two counts, in addition to a mandatory fine of KSh52 million.

So far, the Commission has recovered over Kes80 million through eight civil suits targeting beneficiaries of the scheme, in addition to fines imposed following criminal convictions. One criminal case, ACC No. 19 of 2010, remains pending before the court.

The Commission reiterates its commitment to pursuing the recovery of proceeds of corruption, alongside the prosecution of offenders.

Click on this link to read the judgment https://eacc.go.ke/en/default/wp-content/uploads/2026/03/JUDGEMENT-35-OF-2018-EACC-VS-MARY-NGECHI-NGETHE.pdf