Two in city cemetery land scandal jailed
Cephas Kamande Mwaura and Boniface Okerosi Misera in a Nairobi court on March 23 where they were sentenced to two years in jail each for fraud. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- Misera defrauded NCC of Sh10 million while Mwaura fraudulently received Sh9.3 million.
- court describes Misera and Mwaura as common denominators in the 120-acre cemetery scandal.
Two men were on Friday jailed for their role in the Sh283 million Nairobi City Council cemetery scandal in which the public lost nearly Sh160 million.
The magistrate's court sentenced Boniface Okerosi Misera, a former Ministry of Local Government procurement officer, and Cephas Kamande Mwaura, a land surveyor, to two years in prison.
EACC ACT
Misera, who defrauded NCC of Sh10 million, was slapped with a Sh40 million fine, while Mwaura, who fraudulently received Sh9.3 million, will pay Sh37.2 million.
The two will pay a total of Sh77. 2 million as losses and benefits suffered by the city council after completing their two-year terms.
The court fined them three times the amount they illegally acquired in accordance with the Anti-Corruption and Economic Crimes Act.
THE SCHEME
The magistrate ruled that the money was part of Sh283.2 million lost through a cemetery land purported to have been bought by NCC in Mavoko Municipality.
The court gave an elaborate account of a scheme used by the two to defraud the public.
It ruled that land sale agreement and tender committee minutes were doctored.
DENOMINATORS
The court described Misera and Mwaura as “common denominators” in the 120-acre cemetery scandal through forgery of important documents.
It said sale agreements, purported to have been signed by the landowner, Mr Fredrick Musyoki Kilonzi, were used to orchestrate the dubious transaction.
EVIDENCE
Mr Kilonzi told the court that he sold the land to Nanrech Ltd at Sh110 million but denied selling it to NCC.
He added that a Mwaura and a Chege, trading as Nanrech Ltd, approached him and he agreed to sell the land to them upon parting with a 10 per cent down payment.
The court said Mr Kilonzi's evidence corroborated exhibits and testimonies of other witnesses, including company registration documents listing the two men as the directors of the firm.
TENDER
NCC awarded Nanrech Ltd the cemetery land tender despite the title deed bearing Mr Kilonzi’s name.
The court wanted to know why a senior NCC officer, who admitted having failed to discharge his duty to avert loss of millions of public money, was never charged.
