A former head of procurement at the defunct Nairobi City Council has been ordered to forfeit the Sh8.5 million he acquired through the controversial purchase of cemetery land.
Justice John Onyiego ruled that Boniface Okerosi corruptly acquired the amount as part of a kickback from the Sh283 million Nairobi City Council paid to a firm to acquire a cemetery land in Mavoko, Machakos County.
"The Ethics and Anti-Corruption Commission (EACC) has proved beyond reasonable doubt that he received the amount as a direct benefit from the sale agreement to purchase the cemetery land. The amount constitutes proceeds of corruption that is liable for surrender to the State," ruled Onyiego.
The judge however saved former chief finance officer at the defunct Ministry of Local Government Herman Chavera, ruling that there was no evidence to prove he also participated in the cemetery land scandal.
EACC had filed the suit to recover the funds from the two former officials arguing that they were part of the conspiracy to steal Sh283 million from the defunct Nairobi City Council (NCC) which had been set aside to purchase a cemetery land.
The commission accused the officials of receiving millions of shillings as a reward for authorising the tender to purchase cemetery land while conniving with other people to inflate the cost of the parcel which was not suitable for a cemetery.
According to EACC, the amount was paid to a firm which did not bid for the tender while the recipients disguised the source of the funds by using their proxies to acquire the money.
Justice Onyiego ruled the EACC had proved all the grounds of fraud, forgery, corrupt receipt of public funds, illegal award of the tender and embezzlement of public funds.
