The High Court has ordered Nairobi lawyer Alphonse Munene Mutinda to refund Sh25.9 million, plus interest, after finding him guilty of benefiting from a fraudulent cemetery land deal that cost taxpayers more than Sh283 million.
Delivering judgment, Justice Esther Maina ruled that the funds received by Mr. Mutinda in December 2008 were not legitimate legal fees but proceeds of a fraudulent procurement process involving the defunct Nairobi City Council. The money must be repaid with 12% annual interest from the date of payment, the court directed.
đź’° A Corrupt Deal That Drained Public Funds
The case stems from the controversial cemetery land scandal of 2008, where the Nairobi City Council allocated Sh283 million to purchase a 120-acre parcel of land intended for a public cemetery. However, investigations later revealed that the land was unsuitable for burial purposes and that the purchase price had been grossly inflated.
Of the total amount disbursed, only Sh110 million was actually paid to the landowner, Henry Kilonzi, while the remaining Sh173 million was siphoned off by various individuals, including Mr. Mutinda.
According to EACC investigator Tabu Lwanga, none of the 12 bidders met the minimum soil depth requirement of 1.8 metres, yet the tender committee still went ahead with the deal, which was later found to be fraudulent.
đź“‘ Court Findings Against Lawyer Mutinda
Justice Maina rejected Mr. Mutinda’s argument that the Sh25.9 million represented legitimate legal fees. She noted that:
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He failed to produce any agreement proving the payment was part of his legal retainer.
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His signature appeared as a witness in a fraudulent agreement between Naen Rech Ltd (the buyer) and the City Council.
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He authorised the transfer of funds into accounts he controlled, showing his direct participation in the fraud.
The court highlighted that two different sale agreements were prepared—one between Mr. Kilonzi and Naen Rech Ltd for Sh110 million, and another between Naen Rech Ltd and the City Council for Sh283 million. The gap of Sh173 million was described as “embezzled public funds.”
🏛️ EACC Wins Landmark Recovery Case
The Ethics and Anti-Corruption Commission (EACC) had moved to court seeking to recover the illegally acquired funds, arguing that Mr. Mutinda’s involvement was part of a broader scheme involving forged valuation reports, fake evaluation minutes, and irregular tenders.
Justice Maina agreed, ruling that the cemetery land deal was a classic case of corruption, fraud, and abuse of office. She emphasised that Mr. Mutinda was a direct beneficiary and ordered him to refund the Sh25.9 million with interest.
⚖️ Broader Implications for Kenya’s War on Graft
The cemetery land scandal has long been cited as one of Kenya’s most infamous corruption cases, symbolising how tender manipulation and fraudulent procurement drain billions from public coffers.
The ruling against Mr. Mutinda is being hailed as a victory for accountability, with anti-graft campaigners urging further prosecutions against other individuals who pocketed the remaining funds.
“Public officers and professionals must know that corruption cases may take years, but justice eventually catches up with those who plunder public resources,” said an EACC official after the ruling.
As Kenya continues to grapple with systemic corruption, the case serves as a reminder that fraudulent procurement deals not only rob taxpayers but also deny citizens essential public services.
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