A former City Hall official convicted over the Sh283 million cemetry land scandal of 2010 has sought to block prosecution in a related case.
Former director of legal affairs of the defunct city council Mary Ng’ethe was sentenced to three years in jail and fined Sh52 million.
She was the chairperson of the tender committee.
In a petition filed in court, Ng’ethe says the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions want to charge her again with the same offence.
“Subjecting her to trial in No. 19 of 2010, whose charges are similar in substance to charges in No. 20 of 2010, in which she has already been dealt with, would be prejudicial,” Ng’ethe says in her petition.
She said the state intends to proceed with her trial in the case.
“It abuses my rights and does not promote the objectives and intention of Anti-Corruption and Economic Crimes Act,” she says.
She said the prosecution has prejudiced and comprised her rights to a fair hearing by proceeding with the case when they are aware she has already been convicted in the case.
“The petitioners state that anti-corruption case No 20 of 2010 proceeded to full hearing and judgment delivered on May 15, 2018 whereas she was convicted in the two counts and further fined Sh52 million for the offence of unlawfully acquiring public property worth Sh13 million,” the affidavit says.
Ng’ethe said the case has been fixed for hearing next week.
She said she does not understand why the prosecution is proceeding with the case with the same offence and witnesses.
Ngethe was convicted alongside former Local Government PS Sammy Kirui and Town Clerk John Gakuo who were also sentenced to three years in jail.
The two were fined Sh1 million each for abuse of office and failure to comply with procurement rules.
The scandal rocked City hall between 2008 and 2009.