A Nairobi lawyer has been ordered to pay back Sh25.9 million he received in the fraudulent selling of a parcel of land in Nairobi as a cemetery.
This is after the Ethics and Anti-Corruption Commission (EACC) sued Alphonce Munene Mutinda for selling a parcel of land to the City Council for over Sh283 million.
According to the anti-graft agency, the said parcel attracted 12 bids following an advertisement on September 18 and September 22, 2008.
The court records indicated that the tender was fraudulently awarded to the Naen Rech Limited in spite of the fact that none of the bids was responsive.
On December 19, 2008, one Henry Kilonzi then entered in an agreement with Naen Ltd and agreed to sell the land for Sh110 million.
On the same day, Kilonzi fraudulently sold the parcel to the city council for Sh283 million which was paid into joint accounts created under advocate firms Odero, Osiemo & Company Advocates, P.C Onduso & Company Advocates and Alphonce Mutinda & Company Advocates.
EACC now argues that the parcel was sold at an exaggerated amount and it was awarded to a party that had not rightfully won the tender bid.
The commission also argues that the transaction was fraudulently undertaken by some public officers and other parties including lawyer Mutinda.
In anti-graft body further notes that out of the Ksh.283 million, only Ksh.110 was paid to the registered owner of the parcel and the extra amount was shared between different parties.
Lawyer Mutinda is said to have received Ksh.25.9 million of the shared amount.
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