• Ngethe, the late John Gakuo and Kirui were sentenced to three years in jail each and fined Sh1 million each over the cemetery scam.
•Gakuo passed away last year.
High Court judge John Onyiego on Wednesday quashed the three-year sentence imposed on former PS Sammy Kirui in the Sh283 million cemetery scandal.
Onyiego set Kirui free, saying the prosecution did not prove allegations of abuse of office beyond reasonable doubt.
However, the court upheld the conviction of co-accused Mary Ngethe (former legal director at now-defunct City Council) and Alexander Musee (former tender committee chair at City Council).
They will serve three years in prison.
The judge dismissed claims that their sentencing was excessive. He said he has no reason to interfere with the sentences imposed by the lower court in 2018 by Magistrate Douglas Ogoti owing to the gravity of offences committed.
Meanwhile, Onyiego directed DCIO Kilimani to investigate medical reports presented by Ngethe.
This is after the DPP told the court that documents produced by Ngethe from Lancet claiming she has been sick could have been forged.
The DPP said Ngethe's name does not appear anywhere in Lancet's system as she had earlier alleged. "We received documents from Lancet confirming that lab tests on Ngethe did not emanate from them," the prosecution said.
"As such Mary ought to be investigated for committing an offence of perjury and uttering a false document."
Ngethe had presented medical reports from Lancet claiming she has been sick.
This forced the Judge to delay delivery of the cemetery scam judgement on four occasions.
Onyiego, in ordering the investigations, said he has considered the lab report from Lancet dated July 2 this year.
He said DCIO kilimani should investigate the issue to confirm whether the document was forged and necessary action be taken afterwards.
He also said DPP should follow up the matter.