A court case has brought back attention to a payment of seven million shillings that the Ethics and Anti-Corruption Commission recovered years ago from Bernard Kibet Cherutich, who serves as the finance director at the National Land Commission.
The money was linked to a land compensation deal that took place in 2017, and the matter has now become part of a petition seeking to block his possible return to the same position.
The petition was filed by Abdi Billow Osman, who wants the High Court to stop any move to reappoint Cherutich as Director of Finance and Corporate Planning at the NLC.
Osman points to findings made by the anti-graft agency after it looked into a large compensation payment. In 2017 the National Land Commission paid Tornado Carriers Limited about 109.7 million shillings for a piece of land in Mombasa that the government needed for a road project.
The parcel, registered as LR MN/VI/3801, had earlier been valued at roughly 34.5 million shillings. Investigators later said the higher figure was approved through a payment schedule that divided the money between the company and a law firm.
From the law firm’s account the funds were then shared among several people.
Records attached to the petition show that seven million shillings was recovered from Cherutich.
The documents identify him as a director of a company called Lorgis Logistics Limited and describe the amount as an illicit benefit tied to the compensation process.
Osman argues that this recovery raises serious questions about whether Cherutich should continue to hold a senior public finance role.
He claims Cherutich’s current term has already ended and that the commission is thinking of giving him another term in the same office.
The petitioner says such a step would go against the Constitution and the Leadership and Integrity Act because Cherutich has failed to meet the required standards for public office.
The petition also asks the court to stop Cherutich from handling or accessing NLC funds while the case is still going on. It refers to the Conflict of Interest Act and says Cherutich’s link to Lorgis Logistics created a conflict since the company received money connected to dealings with the land commission. Justice David Mburu certified the application as urgent on 16 September.
He ordered that the papers be served within two days and told the other side to reply by 22 September.
The matter is set for mention on 23 September so the court can give further directions once the responses are in.
The National Land Commission, Cherutich himself, the Ethics and Anti-Corruption Commission, and several NLC commissioners have been named as respondents.
At the time the story was reported none of them had yet filed their replies. The court has not made any decision on the claims made in the petition. The case simply puts the old recovery back into the public eye and forces a fresh look at whether someone linked to that past payment should again be trusted with the commission’s finances.
The outcome will depend on the answers the respondents give and on how the judges weigh the evidence once the full arguments are heard.
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