A judge has barred former MP John Ndirangu from selling or transferring a parcel of land in Thika town, which the anti-graft body says he acquired using proceeds of crime.
Justice James Wakiaga also certified the case filed by Ethics and Anti-Corruption Commission (EACC) as urgent and directed the commission to serve the former Embakasi Central MP with the court documents, ahead of the hearing on June 7.
Also named in the petition are former Nairobi governor Evans Kidero, former councilor Paul Mutunga Mutungi, former Dr Kidero’s chief of staff George Wainaina, John Ngari Wainaina, and MP Joshua Aduma, who was acting legal secretary at City Hall. They are accused of conspiring to steal Sh68 million from Nairobi City County.
In the application, EACC says Mr Ndirangu was allegedly given Sh17 million, with Sh7 million wired to his account on January 7, 2014. He purchased a parcel in Thika, which the EACC says is proceeds of crime.
EACC has revealed cash trail of monies stolen from City Hall and wired to several persons in a span of four days.
The money was paid to the law firm of Wachira Mburu Mwangi and Company Advocates for legal fees earned from representing City Hall in cases filed by a ghost company.
Upon receiving the money, Mr Mburu, who has since died, paid himself, then distributed the rest to several people among them Mr Ndirangu, Dr Kidero who allegedly got Sh14 million and Mr Mutungi Sh5 million .
EACC says the claim arose from a case filed by a non-existent company, Kyavee Holdings, against the defunct Nairobi City Council. The law firm of Wachira Mburu Mwangi and Company Advocates was instructed to represent City Hall.
The case was, however, withdrawn after it emerged that Kyavee’s case was filed by an unqualified person. But Mr Mburu filed a bill of costs and later in 2011, former acting legal secretary Joshua Aduma, approved the payment of Sh68 million to Mburu’s law firm.
EACC says Kyavee Holdings claimed to have been allocated land measuring 1.720 hectares for Sh536,667 from January 1968 in Nairobi’s South B, on which it was to develop a four-star hotel but in 1999 the land was allocated to a third party, who developed it. Kyavee then sued the defunct city council demanding Sh3.1 billion for loss of profits.
On May 13, 2011, Mr Aduma requested the city treasurer to raise a payment voucher of Sh10 million in favour of the law firm.
The prosecution says Kyavee Holdings was a ghost company and the the land it claimed was not available as it had already been allocated to Mariakani Primary school.