NAIROBI, Kenya – A long-running corruption case over the alleged irregular purchase of cemetery land in Mavoko, Machakos County, has reached a critical stage after a Milimani court ruled that former Permanent Secretary Sammy Kirui and his co-accused must answer to the charges against them.
The ruling marks a new phase in Anti-Corruption Case No. 19 of 2010, which concerns the alleged fraudulent acquisition of land valued at Sh283.2 million for use as a public cemetery.
The Office of the Director of Public Prosecutions (ODPP) said the court found that the prosecution had established a case requiring the accused persons to be placed on their defence.
Senior Principal Magistrate Celesa Okore delivered the ruling at the Milimani Anti-Corruption Court. The matter is before Chief Magistrate Dr Victor Wakumile.
Kirui, a former Permanent Secretary in the Ministry of Local Government, is among those facing charges linked to the transaction.
The accused face allegations including conspiracy to commit an offence of corruption, fraudulent acquisition of public property, fraudulent disposal of public property and fraudulent practices in procurement proceedings.
The charges relate to the acquisition of land intended for use as a public cemetery by the former Nairobi City Council.
Why the Sh283.2 Million Deal Came Under Scrutiny
The cemetery land transaction has previously attracted scrutiny over the price paid and the suitability of the property for its intended public purpose.
In a related recovery case reported in 2024, the Ethics and Anti-Corruption Commission said the land had been purchased for Sh283.2 million, although the property was valued by investigators and Ministry of Lands valuers at approximately Sh30 million. The commission also pursued the recovery of funds allegedly distributed to beneficiaries of the transaction.
The allegations form part of a wider dispute over how the land was procured, how the tender was handled and whether public funds were properly applied.
Defence Hearing Set for January 2027
The defence hearing is scheduled to begin on January 25, 2027, when the accused will have an opportunity to respond to the prosecution’s case.
The prosecution has handled the matter over the years, with Deputy Director of Public Prosecutions Christine Gakobo and Principal Prosecution Counsel Samita Mang’oli previously involved.
The current prosecution team comprises Assistant Director of Public Prosecutions Susan Keli, Principal Prosecution Counsel Celestine Oluoch and Principal Prosecution Counsel Kennedy Panyako.
The upcoming proceedings will allow the court to hear the defence before determining the case’s outcome.
For the prosecution, the ruling is a procedural milestone in a case that has been before the anti-corruption court since 2010. The ultimate question of criminal liability will be determined after the evidence and arguments have been considered.
