Mudavadi probed in graves plot scandal

Deputy Prime Minister Musalia Mudavadi is under investigation by the Kenya Anti-Corruption Commission over the Sh283 million cemetery land fraud.

KACC on Tuesday said it wants to establish whether the minister was party to the fraud in which the City Council of Nairobi bought land valued at Sh24 million for nearly Sh300 million.

But Mr Mudavadi protested his innocence and said KACC was being unfair by accusing him without giving him a chance to be heard.

Besmirch character

“The only motive behind such conduct must be a political scheme to besmirch my character in the eyes of the public who do not have any real facts regarding the matter. It is no wonder it was ignored that the matter is a subject of Parliamentary debate,” said the minister.

Acting KACC director John Mutonyi said the commission was moving to recover the money from the people implicated in the 120-acre Mavoko Township cemetery land, judged by experts to be unsuitable for graves.

In Parliament, an MP sensationally claimed a lawyer received Sh59 million on behalf of a senior Cabinet Minister in the purchase of the land and asked Justice minister Mutula Kilonzo to confirm to the House the allegations.

Justice Assistant minister William Cheptumo promised a response to the statement on Wednesday.

Mr Nelson Gaichuhie of Subukia demanded a ministerial statement in which he wants the minister to tell the House whether indeed Mr Newton Osiemo, a lawyer, represented the interests of the said minister, “who was awarded” the money in the fraudulent transaction as contained in a report by the KACC.

In a report to Prime Minister Raila Odinga and Head of Public Service Francis Muthaura titled A Report on the Procurement of Cemetery Land by the Nairobi City Council, a copy of which the Nation has seen, KACC records an allegation by the council’s legal affairs director, Ms Mary N. Ngethe, linking Mr Mudavadi to the transaction.

“The Mayor, CCN (City Council of Nairobi), introduced Mr Newton Osiemo to M/s Mary Ng’ethe as a business associate of the Deputy Prime Minister and minister for Local Government, Hon Musalia Mudavadi, and that he will take care of the personal interests of the minister and his permanent secretary, Mr Sammy Kirui in the transaction of cemetery land,” says the report.

Mr Mudavadi, through his spokesman, Mr Kibisu Kabatesi, has denied sending anyone to represent him in any transaction.

In her statement, Ms Ng’ethe is recorded as having said that there was pressure from the Local Government ministry to “fast track the acquisition of the cemetery land”, according to the report. Ms Ng’ethe chaired the City Hall team that bought the land.

The council was buying the land from Mr Henry Muoki Kilonzi, but he was paid only Sh110 million. The rest was distributed to 17 other people, with Mr Osiemo, getting the lion’s share, Sh59 million, said the report. The report recommends 13 people be prosecuted and wants Mr Mudavadi, Mr Kirui and Mayor Geoffrey Majiwa investigated further.

On Tuesday, Dr Mutonyi said that the commission would carry out thorough investigations and pursue any leads implicating any individual, irrespective of who they were.

In his statement, Mr Mudavadi said he was “deeply distressed” at the “false and most scandalous information” alleging that he was involved in the procurement of the land by the City Council.

“It is unfair, in breach of rules of natural justice and irresponsible for damaging allegations about me to be released to the public without even giving me the opportunity to respond to them,” he said and revealed that he had requested KACC to record his statement.

He described the reports of his alleged involvement in the fraud as “a political scheme”.