The Ethics and Anti-Corruption Commission (EACC) has won a case against the Naen Rech Limited company and its Director Maina Chege and recovered Sh9.4 million.
The case is one of nine filed by the commission that sought to recover Sh173 million that was fraudulently acquired in the purchase of land for a public cemetery by the defunct Nairobi City Council. The other cases are ongoing.
According to documents filed in court by EACC the then Town Clerk of Nairobi City Council received Sh283 million from the then Principal Secretary in the Ministry of Local Government for the purchase of land for use as a public cemetery.
The commission says in the papers that officials from the City Council and other persons purchased land worth Sh110 million and the remainder was distributed via various companies and individuals, and from the amount Chege received Sh9.4 million through his company Naen Rech Limited.
The case against Chege was filed in 2012, contending that Chege and Naen received the money fraudulently seeking to have the money forfeited to the State.
In her judgment, Justice Esther Maina ordered the defendants to pay EACC Sh9,450,000 together with costs and interests.
Investigations found out that the land that had been offered by Chege and his company had 2 ½ feet of cotton soil and 2 ½ feet of rocks and therefore did not meet the criteria in the tender document.
The soil depth did not reach the minimum of 1.8 feet deep yet the tender document stated that the depth needed to be 6 feet deep.
They further showed that Naen Rech Limited was not the owner of the land they sold to the government and that the tendering process was irregular since the company did not meet the required criteria. The commission also found that the tendering was flawed.