KACC defends its probe of Sh173m land scam

By Judy Ogutu

Kenya Anti-Corruption Commission (KACC) is investigating alleged misuse of Sh173.2 million from Ministry of Local Government meant to buy cemetery land.

The anti-corruption agency claimed the land in question was sold for Sh110 million and not Sh283.2 million as represented by Naen Rech Limited that acted as agent for the real owner of the land, Mr Henry Musyoki Kilonzi.

KACC said its investigation revealed an escrow account was opened "to guarantee the interest of all those who have a claim to the money paid by the ministry".

The commission disclosed this in its reply to a suit by a Nairobi advocate who had gone to court to challenge KACC decision to investigate his clients’ bank account at the National Bank of Kenya.

Mr Davis Odero Osiemo filed an urgent suit last month at the Nairobi Law Courts accusing KACC of breaching the law to obtain the documents in respect of the said account. He was allowed to seek orders restraining anyone from using or questioning anybody regarding any document or information obtained from the bank.

But KACC said the money constituted illegal and unlawful benefits obtained through corrupt and fraudulent conduct.

In an affidavit in support of its actions, a Forensic Investigator with KACC, Mr Tabuu C Lwanga, said following investigation, the anti-graft agency applied for a search warrant on an account belonging to the said law firm and was authorised by the court to investigate the account.