By David Ochami

The cemetery land scandal at City Hall has claimed Local Government PS Sammy Kirui and senior 12 officials.

Monday, President Kibaki interdicted the public servants, saying they were responsible for "fraudulent purchase of the cemetery land" in Mavoko Township."

Kibaki also directed the recovery of the "monies, overpaid" from beneficiaries.

Last week, a parliamentary report described Mr Kirui as the chief architect of the scandal in which City Hall bought 120 acres of land worth Sh24 million for Sh259 million.

Gakuo: Nairobi River Project

Kirui: Local Government PS

Rotich: Senior Deputy Secretary

Local Government Minister Musalia Mudavadi denounced calls to resign for not restraining the sale. He also argued he had no powers to sack Kirui.

The House team report also recommended resignation of Nairobi Mayor Godfrey Majiwa for allegedly receiving millions of shillings from a lawyer involved in the fraud.

Last night, the Kenya Anti-Corruption Commission (KACC) wrote to Prime Minister Raila Odinga, saying it was investigating the minister, Majiwa and the suspended PS after coming across "credible, though uncorroborated evidence….that the three were involved in the conspiracy."

Announcing the suspensions, Kibaki ordered the recovery of Sh259 million and prosecution of the implicated officials.

Others interdicted from Mudavadi’s office and the City Council are Reuben Rotich, Senior Deputy Secretary, Boniface Misero, Director of Planning and Herman Chavera who has been the Chief Financial Officer.

Also suspended is Director of Budget at Local Government Ministry Paul Ngugi.

Former town clerk

The President also sent home former Nairobi Town Clerk John Gakuo, who is now the Nairobi River Project Co-ordinator.

Deputy Town Clerk Geoffrey Katsolleh, Kanyi Nyambura (Director of Planning), Mary Ngethe, Director of Legal Affairs, Karisa Iha of the same department, Alexander Musee, (Deputy Director in charge of procurement and I N Ngacha, the Chief Internal Auditor at City Hall, were also suspended.

Several leaders and the civil society have asked Mr Mudavadi, Kirui and Majiwa to step aside to allow for investigation over the scandal.

The Parliament report recommended that Gakuo should not hold any public office and KACC should investigate him. He was Town Clerk when the cemetery land was bought.

The report also implicates a group of lawyers who hatched a plot to defraud the public and recommends their assets be seized to recover public funds and they be investigated by KACC, Law Society of Kenya and the Kenya Revenue Authority.

Maina Chege, director of Naen Rech Company Ltd, which purported to sell the land to the City Council without any title to the land, met with Celphas Mwaura, Henry Kilonzi and Alphonse Mutinda Advocates and hatched the plan to defraud the public.

Celphas Mwaura is said to have received Sh9.3 million and it is recommended he be charged with the appropriate offence.

Full responsibility

The committee, chaired by Kisumu Town East MP Shakeel Shabbir says Mudavadi should take full responsibility.

On Kirui, the report says him as the chief executive and the accounting officer, he was personally involved in the process.

It further says Kirui was informed by the Chief Finance Officer the tender documents were defective and the legal officer should examine them, but he ignored this advice.

He also caused a cheque of Sh175 million to be drawn to Omoti and Company Advocates although he was supposed to return the money to Treasury as the land to be bought had not been identified.

The report says there were no supporting documents to warrant issuing the cheque as required by Government regulations. The advocate had also not been instructed to act for the council in respect of the procurement of the land.

Kirui, the report adds, wrote a letter on October 30, 2008 to Gakuo, asking him to conclude the procurement of the cemetery land within five days or else the ministry would take over the process.