The anti graft agency won a recovery suit for Sh7 million against Dr Daniel Nguku and Janet Mulwa who were among the beneficiaries of the public funds embezzled in the fraudulent procurement of 48.30 hectares cemetery land by the defunct Nairobi City Council in Athi River, Machakos County.
This was at an exaggerated cost of Sh283.2 million, according to the Ethics and Anti Corruption Commission.
From the Sh283.2 million, Sh110 million went to the purchase of the cemetery land which was not fit for the intended purpose while Sh173 million was shared among Government officials through 26 law firms and proxy companies.
Further, the land procured at Sh110 million was valued by both EACC and the Ministry of Lands Valuers at Sh30 million.
Delivering Judgement in the fourth recovery suit on Thursday, anti corruption court judge Justice Esther Maina ordered the two individuals to pay back the Sh7 million they received, costs of the suit to EACC and interest at 12 percent p.a. from 2009 when the embezzlement took place.
In the last judgement delivered on November 16 2023, Justice Maina ordered another beneficiary, Joseph Owino Kojwando to pay back to the government Sh10 million together with costs of the suit and interest at 12 percent p.a from the date he fraudulently received the money.
Of the eight recovery suits filed on the cemetery land scandal, this is the fifth to be completed in court and the sixth judgement is coming up on February 28 2024.
EACC seeks to recover the entire Sh173,000,000 shared among the officials together with interest at court rates 12 percent from the date of theft in 2009.
The scandal had roped several names including top government officials then.
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