Former powerful Local Government PS Sammy Kirui and ex-Nairobi town clerk John Gakuo were on Tuesday jailed three years each for their roles in the Sh283 million cemetery land scam.
The two will also pay a fine of Sh1 million each, they were found guilty of abuse of office and willful failure to comply with procurement laws.
Chief magistrate Douglas Ogoti said this was in respect to their role in the defunct Nairobi city council’s purchase of the Sh283 million land in Mavoko.
Their co-accused Mary Ngethe, a former city council Legal Secretary, and Alexander Musee were also found guilty of knowingly giving false information about the same.
Ngethe and Musee were sentenced to three years in prison each.
Further, Ngethe will pay a fine of Sh52 million or serve a further one year in jail while Musee will pay a fine of Sh32 million or serve a further one year in jail.
They were also found guilty of giving a false valuation report which was used to purchase the land in question.
The magistrate said the prosecution demonstrated that Kirui and Gakuo knew the tender documents was false but did nothing to stop the embezzlement.
He said they were required by law to stop it yet they did not.
“It was a clear case. Only them know why they acted the way they did and failed to stop embezzling of public funds,” Ogoti ruled.
He said the lot acted passively and allowed an act of corruption to take place.
Ogoti said the court had carefully considered the evidence presented to it and came to a conclusion that the case against them was proved.
“I find them guilty and are convicted accordingly,” he said.
It is expecgted that the four will appeal the decision and eventually get a lesser penalty.