Accused in Sh283m cemetery case face new evidence

By Faith Karanja

Kenya: A court was told there is fresh evidence against 14 people accused of fraudulently acquiring Sh283 million from the Ministry of Local Government for the purchase of cemetery land.

Monday, the prosecution said it had additional information, which was not yet ready to be presented before the court.

Principal Magistrate Peter Ndwiga ordered the investigation officer to ensure that the defence receives copies of all the documents and statements in his custody within the next 14 days.

“It would be prudent to first see the additional evidence as it may be releasing relevant information that will be used in the cross-examination of the witnesses of this case,” he added.

Some of the advocates were also not present before the court thus the magistrate said the case will be mentioned in two weeks time.

Cross-examination

He again adjourned the case to February 10, next year to allow for cross-examination of all witnesses before the case is heard.

Sammy Kirui and his co-accused are facing charges of conspiracy to commit an offence of corruption contrary to Section 47A(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, No 3 of 2003.

The court is informed that on diverse dates between December 2008 and April 2009 in Nairobi, the accused committed an offence of corruption by jointly acquiring Sh283 million from the Ministry of Local Government by purporting it to be the purchase price payable by Nairobi City Council for LR Number 14759/2.

Mary Ngethe, one xof the accused, is being accused of fraudulently acquiring Sh13 million from the Nairobi City Council on February 24, 2009.

Some of the accused are alleged to have acquired public property worth Sh281 million from the City Council of Nairobi purporting it to be proceeds of sale of LR Number 14759/2 payable by a company known as Naen Rech Limited on February 11, 2009.

Omondi Osiemo is said to have obtained Sh39 million from the City Council On February 11 and April 16, 2009.

All the accused are facing more counts of acquiring public property contrary to Section1 (a) as read with Section 48 of Anti-Corruption and Economic Crimes Act, No 3 of 2003 from the city council.