The High Court has ordered Nairobi Lawyer Alphonce Munene Mutinda — one of the individuals reported to be behind the KSh283 million City Council cemetery scandal — to pay back KSh25.9 million that he received from the fraudulent transaction.

Delivering her judgement on Thursday, March 21, Justice Esther Maina also ordered Mutinda to pay costs of the suits to EACC and interest on the amount at court rates, from the date he received it in 2009.

In the case, the Ethics and Anti-Corruption Commission (EACC) had sued Mutinda for fraudulently selling a parcel of land to Nairobi City Council for KSh283 million, land that was meant to be used as a cemetery.

According to EACC, the said parcel of land was advertised for sale on September 10 and September 22, 2008. As a result, it received 12 bids.

The tender, court documents say, was fraudulently awarded to Naen Rech Limited despite the fact that none of the bids were responsive.

Come December 19, 2008, Henry Kilonzi agreed to sell the land to Naen for a reported KSh110 million.

But on the same day, the court documents say that Kilonzi fraudulently sold the same parcel to the city council for KSh283 million. This money was paid into joint accounts created under three advocate firms — Odero, Osiemo & Company Advocates, P.C Onduso & Company Advocates and Alphonce Mutinda & Company Advocates.

The Twalib Mbarak-led agency argues that the land was not only sold at an exaggerated amount, but was also sold to a party that had not rightfully won the tender bid.

Out of the KSh283 million, EACC says that only KSh110 million was paid to the registered owner of the land, with the remaining extra amount shared between different parties, Mutinda being one of them.

“The defendant ( Lawyer Alphonce Munene Mutinda) has been unjustly enriched to the tune of KSh25.9 million at the expense of the City Council and is therefore liable in restitution,” added court documents.