Court orders refund of Sh8.6m stolen during cemetery purchase

The Ethics and Anti-Corruption Commission (EACC) yesterday won a case against the former Head of Procurement at the Ministry of Local Government Boniface Okerosi Misera after the court ordered him to refund Sh8.6 million he stole over the purchase of land for a public cemetery fourteen years ago.

The case is one of nine filed by the commission that sought to recover Sh173 million fraudulently acquired in the purchase of land for a public cemetery at Athi River by the defunct Nairobi City Council. The other cases are ongoing.

In a judgment rendered by Judge John Onyieg, the court found that Misera indeed received Sh8.6 million public money through a proxy, one Peterson Onyiego Gichana, which money he was not entitled to, thus amounting to illicit enrichment.

The Judge thus ordered that Misera pays EACC Sh8.6 million together with costs and interest from the date of fraudulent receipt of the monies in 2009.

“ In a nutshell, it is my finding that the EACC has proved its case on a balance of probability against Misera and judgment therefore entered for recovery of Sh8.6 million.

A further Sh1,300,000 already recovered shall remain in the commission’s custody as money recovered in advance. I award interest at court rate calculated from the date of filing the suit together with costs. The counter claim filed herein is dismissed as it lacks merit,” Justice Onyiego ruled.

The judge however found that EACC did not prove that Herman Steven Chavera, former Chief Finance Officer at the Office of the then Deputy Prime Minister and Local Government minister Musalia Mudavadi was involved in the alleged fraudulent transactions as alleged by the commission.

“The evidence by EACC against Misera is unchallenged hence the finding that there is overwhelming evidence over the allegations of unlawful, illegal, and fraudulent transaction of the funds. As regards to Steven (Chavera) the commission did not tender any concrete evidence to connect him with the money received by Misera,” the judge ruled.

According to the evidence adduced before the judge relating to the public cemetery land case, former Town Clerk of the defunct City Council of Nairobi John Gakuo (now deceased) received Sh283,000,000 from the then Permanent Secretary of the Ministry of Local Government Sammy Kirui being an exaggerated payment for the purchase of land for use as a public cemetery in Athi River.

The court heard that former officials in the City Council, working in cahoots with other persons hatched a fraudulent scheme where they purchased land at Sh110 million from alleged owner Henry Kilonzi and the remaining Sh173 Million distributed to various private companies, individuals and public officers to the last coin. It is this Sh173,000,000 that EACC is in the process of recovering through civil proceedings pending in different courts

Investigations conducted by the commission shows that Sh110 Million which went to the purchase of the public cemetery land was also exaggerated because both EACC and the Ministry of Lands valuers valued the purchased land at Sh30 Million.

The probe further shows the then City Council officials received their share of the loot through 26 law firms and private entities.

The anti-graft body also tabled evidence before the judge showing how the money for the city council officials was received and distributed by one law firm of Odero Osiemo Advocates who later transferred it to one Peterson Onyiego Gichana.