The Director of Public Prosecutions (DPP) has secured a major milestone in the prosecution of a corruption case involving the alleged irregular acquisition of cemetery land in Mavoko, Machakos County, valued at KSh 283.2 million, after the court ruled that the accused persons have a case to answer.
The ruling was delivered at the Milimani Anti-Corruption Court in Nairobi in Anti-Corruption Case No. 19 of 2010, with the court finding that the prosecution had presented sufficient evidence to require the accused persons to defend themselves against the charges.
The matter is before Chief Magistrate Dr. Victor Wakumile, while the ruling was delivered by Senior Principal Magistrate Celesa Okore.
Among the accused is Sammy Kirui, a former Permanent Secretary in the Ministry of Local Government, alongside ten other individuals.
They face various charges, 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 case concerns the alleged irregular acquisition of public land intended for cemetery use in Mavoko, with the prosecution seeking to establish the circumstances surrounding the transaction and the alleged loss involving public resources.
The prosecution has pursued the matter over the years, with Deputy Director of Public Prosecutions Christine Gakobo and Principal Prosecution Counsel Samita Mang’oli previously handling the case.
The prosecution team currently handling the matter comprises Assistant Director of Public Prosecutions Susan Keli, Principal Prosecution Counsel Celestine Oluoch and Principal Prosecution Counsel Kennedy Panyako.
The court’s decision means the accused persons will now have an opportunity to present their defence against the allegations.
A case-to-answer ruling is not a finding of guilt, and the accused persons remain presumed innocent unless convicted by the court.
The defence hearing is scheduled to commence on January 25, 2027, when the accused persons are expected to begin responding to the charges brought against them.
The case, which dates back to 2010, is among the long-running corruption matters involving alleged irregular dealings in public property.
Its progression to the defence stage marks another step towards determining the criminal responsibility, if any, of the accused persons in the disputed cemetery land transaction.
