High Court orders city lawyer Alphonce Mutinda to pay back Sh25.9million from cemetery land sale
A Nairobi based lawyer Alphonce Munene Mutinda has suffered a major setback after the High Court ordered him to pay back Sh25.9million that he received from the controversial sale of the the Sh283million Nairobi City Council cemetery scandal.
In a statement issued today, March 21, 2024 the Ethics and Anti-Corruption Commission (Eacc) said Mutinda was one of the masterminds in the scandal which has been in court for years.
“The High Court has ordered Nairobi Lawyer Alphonce Munene Mutinda, one of the brains behind the Sh283 million Nairobi City Council cemetery scandal to pay back Sh. 25.9million that he received from the fraudulent transaction,” Eacc said.
While issuing the ruling, Justice Maina also ordered Mutinda to pay the costs of the suit to Eacc and interest on the amount from the date he received it in 2009, at court rates.
Mutinda and other officials of the now defunct Nairobi City Council are accused to have colluded to purchase land worth Sh110 million at Sh283 million and shared the extra Sh173 million amongst themselves and private companies associated with them.
On July 2023, Eacc recovered Sh9.45 million from a private company which is believed to have acquired the funds in the purchase of the city cemetery.
“From the amount shared, Naen Rech Limited received Sh9,450,000. This is one of nine suits filed by EACC to recover a total of Sh173 million fraudulently acquired in the purchase of public cemetery land by the defunct City Council of Nairobi.”
According to the anti-graft agency, the said parcel attracted 12 bids following an advertisement on September 18 and September 22, 2008.
The court records indicated that the tender was fraudulently awarded to the Naen Rech Limited in spite of the fact that none of the bids was responsive.
On December 19, 2008, one Henry Kilonzi then entered in an agreement with Naen Ltd and agreed to sell the land for Sh110 million.
On the same day, Kilonzi fraudulently sold the parcel to the city council for Sh283 million which was paid into joint accounts created under advocate firms Odero, Osiemo & Company Advocates, P.C Onduso & Company Advocates and Alphonce Mutinda & Company Advocates.
Eacc now argues that the parcel was sold at an exaggerated amount and it was awarded to a party that had not rightfully won the tender bid.
The commission also argues that the transaction was fraudulently undertaken by some public officers and other parties including lawyer Mutinda.
