Sh283M Nairobi Cemetery Land Scandal Involving Prime CS Mudavadi and Former PS Kirui Returns to Court

The controversial Sh283 million Nairobi cemetery land scandal that has dogged Kenya’s political landscape for over a decade has resurfaced in court, casting fresh scrutiny on Prime Cabinet Secretary Musalia Mudavadi and former Permanent Secretary Sammy Kipngetich Kirui.

Proceedings resumed this week at the Milimani Anti-Corruption Court, where former PS Kirui, alongside co-accused Mary Ngechi Ngethe and Alexander Musanga Musee, face charges related to abuse of office and procurement irregularities in the infamous cemetery land deal.

The case, registered as ACCR 19/2010, was listed for a part-heard hearing on May 26, 2025, with additional sessions scheduled for May 29 and 30 under Chief Magistrate Harrison Barasa.

The three accused are part of a larger group of 13 individuals, including former Nairobi City Council officials and private sector players, implicated in the controversial acquisition of land for cemetery use.

Despite the political tensions surrounding the case, investigations have consistently cleared Prime Cabinet Secretary Mudavadi of any financial impropriety.

In 2016, Ethics and Anti-Corruption Commission (EACC) supervising investigator Tabu Lwanga testified before the anti-corruption court that “no monies from the alleged illegal deal were deposited in Mr Mudavadi’s accounts.”

Lwanga further stated: “When we tracked the movement of the cemetery money, [we found that] none went to any of the accounts of Mr Mudavadi, who was then minister for local government. And we never saw his involvement.”

The investigator revealed that Mudavadi, who served as Deputy Prime Minister and Local Government Minister at the time, had cooperated with investigations by recording a statement with the anti-graft body and sharing information about the land deal.

Mudavadi’s involvement questioned

The scandal gained particular notoriety during parliamentary hearings in 2010 when suspended PS Kirui made explosive allegations against his former boss.

Former Permanent Secretary Sammy Kipngetich Kirui.

Kirui accused Mudavadi of being a “pathological liar” who deserved the title “Liar Emeritus” for denying knowledge of the transaction.

The former PS initially claimed that Mudavadi “had a more than passing knowledge of what was going on” but later contradicted himself during committee proceedings.

Under questioning by MPs, Kirui admitted that both he and Mudavadi were “kept in the dark on the dealings,” stating: “I was not aware, so he couldn’t have been aware of the details.”

The scandal centers on the 2009 purchase of 119.3493 acres of land in Mavoko, Machakos County, intended for cemetery use.

Significant discrepancies emerged in the land’s valuation, with Nairobi County chief valuer Isaac Nyoike valuing the property at Sh450 million, while the EACC valued the same land at just Sh30 million.

Investigations revealed that Sh283.2 million was paid to Naen Rech Ltd for the purchase, with lawyers Alphonse Mutinda and Paul Onduso distributing Sh281.3 million from an escrow account, while another lawyer disbursed Sh117 million.

Court papers revealed correspondence between former head of public service Francis Muthaura and Mudavadi, showing the government’s efforts to pursue accountability.

In a letter dated March 1, 2010, Muthaura directed Mudavadi to provide a list of senior government officers involved in the cemetery land acquisition “to be pursued with a view to recovering the huge sums of money lost in the transaction.”

Investigator Lwanga testified that there was no conspiracy between Muthaura and Mudavadi to target the four civil servants, describing the matter as one of legitimate public interest.

The case has had a tortuous legal path. In 2020, Justice John Onyiego ruled that PS Kirui played no vital role in the procurement process and set him free.

However, the judge upheld convictions against former Nairobi City Council legal officer Mary Ngethe and procurement committee chairman Alexander Musee, who were found guilty of giving misleading information and failing to adhere to procurement laws.

Former Town Clerk John Gakuo, who was initially sentenced to three years imprisonment and fined Sh1 million, died in prison during the appeal process, leading to the discharge of his case.

Court findings revealed that officials used false valuation reports and misleading committee decisions to facilitate the irregular purchase at prices significantly above prevailing market rates.

Notably, none of the four main accused persons were on the tender committee that handled the land purchase.

The revival of this case demonstrates the judiciary’s commitment to addressing long-standing corruption cases, even as it involves high-ranking current government officials.

The proceedings continue to attract attention given Mudavadi’s prominent role as Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs in President William Ruto’s administration.

The hearing is expected to conclude on May 30, 2025, with the court set to make determinations on the remaining aspects of this long-running corruption case that has spanned over 15 years of legal battles.​​​​​​​​​​​​​​​​