The family of the former Town Clerk John Gakuo wants an appeal challenging his conviction over the Sh283 million cemetery land scandal to proceed to full hearing despite his death.
Gakuo, 68, died on October 31 at the Mbagathi District Hospital in Nairobi after being rushed there from Nairobi West Prison where he was serving a three-year jail term.
Lawyer Assa Nyakundi yesterday told Anti-Corruption High court Judge Hedwig Ong’undi that the family wished to continue with the case and clear Gakuo’s name.
Nyakundi said Gakuo was not corrupt and did not deserve the sentence handed to him over the purchase of cemetery land in Nairobi.
The Judge said that the matter was of high priority and directed former Local government PS Sammy Kirui, former Nairobi City Council director of legal affairs Mary Ng’ethe and former city official Alexander Musee file a formal application in court to have their bail reviewed pending determination of their appeal.
The DPP’s office was also directed to file its response to the bail application by November 21.
Gakuo passed away a day before the hearing of his appeal case. A copy of his death certificate showed that he died of cardiac failure due to a coronary artery disease.
He and Kirui were found guilty of abuse of office and willful failure to comply with procurement laws in relation to the cemetery land.
Gakuo was also found guilty of giving a misleading report purporting that the committee agreed to buy the controversial 120-acre plot in Mavoko town and using a false valuation report to award the tender.
The court ruled they should have stopped the payment of Sh283 million to Naen Rech Limited in the land deal.
Gakuo, a University of Nairobi alumni, was first elected Nairobi Town Clerk in 2004.
The appointment to City Hall came after he was transferred from the Ministry of Health. He served in the provincial administration for over 20 years.
His reign was
credited with refurbishing Central and Uhuru Park which were controlled by street boys.