The Ethics and Anti-Corruption Commission today won big as a businessman who defrauded the Youth Enterprise Development Fund (YEDF) of over Kshs. 180m, was slapped with a hefty Kshs.701,469,156million by the anti-corruption court in Nairobi.
The businessman was also ordered to serve 7 years in prison with no option of a fine for one of the offences.
Businessman, Mukuria Ngamau, and a company known as QUORANDUM LIMITED were charged with conspiring with officials of the Youth Fund to embezzle public funds amounting to Kshs. 180,900,000/= in the case dated back to 2015. The suspected who included the Youth Funds Chief Executive Office, the late Catherine Namuye Akelo and Chairman, the late Bruce Odhiambo among others were arrested and arraigned before Nairobi Milimani Anti-Corruption Court on 26 Aug. 2016.
One of the suspects Doreen Ng’ang’a was acquitted under section 210 of the Criminal Procedure Code whilst finding that Mukuria Ngamau and Quorandum Limited had a case to answer. Hearing was concluded on 10th September 2021 with the prosecution calling 31 witnesses.
Today, 30 Sept. 2021, Chief Magistrate Hon. Douglas Ogoti passed judgment and sentence as follows after finding the culprit guilty as follows;
On Count 1, Mukuria Ngamau and Quorandum Limited were found guilty of conspiracy to commit an economic crime contrary to section 47A (3) as read with section 48(1) of the Anti-Corruption and Economic Crimes Act (ACECA), 2003. He was sentenced to serve 7 years imprisonment with no option of a fine.
On Count 2, Mukuria Ngamau and Quorandum Limited were found guilty of unlawful acquisition of public property contrary to Section 45 (1) (a) as read with section 48 (1) of ACECA and sentenced to pay a mandatory fine of Kshs. 442,840,000/=, or serve7 years in prison in default.
On Count 3, Mukuria Ngamau, and others were found guilty of unlawful acquisition of public property contrary to Section 45 (1)(a) as read with section 48(1) of the ACECA. He was ordered to pay a mandatory fine of Kshs. 258,629,156/= or serve 7 years in prison in default.
On Counts 10 and 11, Mukuria Ngamau was found guilty of making a false document contrary Section 347 (a) as read with Section 349 of the Penal Code and sentenced to 3 years in prison on each count.
In line with Section 51 and 54 of ACECA, the court ordered the accused to pay the Youth Fund Kshs. 180,364,789/= in compensation.
The big win is another feather in the recent gains in the fight against corruption coming in quick succession and sending a clear signal that there is no room for escape for those who dip their hands into the public coffers.