The Director of Public Prosecutions (DPP) has secured the conviction of a senior National Government Constituency Development Fund (NG-CDF) official and a private contractor in a corruption case involving the irregular award of a Ksh19 million public project in Malindi.
In a statement on Friday, July 10, the Office Director of Public Prosecutions (ODPP) said the case revolved around the award of a Ksh19,007,539.60 tender for the construction of the Malindi Sub-County Education Office Block, which prosecutors said was awarded in breach of procurement laws.
"The Malindi Chief Magistrate’s Court convicted Wachu Omar Abdallah, the NG-CDF Malindi Fund Account Manager, and Robert Katana Wanje, a director of Multserve Contractors Limited, after finding that the prosecution had proved its case beyond reasonable doubt," the statement read.
The ODPP said the court was satisfied that the evidence presented established the offences charged against the accused persons.
"Chief Magistrate Hon. John N. Muniu held that the evidence presented by the prosecution established the offences under the Anti-Corruption and Economic Crimes Act and the Penal Code," the statement added.
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According to the ODPP, the court also dismissed the defence presented by the two accused persons and upheld the prosecution’s evidence.
"The court rejected the defence case, describing it as weak and unconvincing, while affirming the credibility and consistency of the prosecution’s evidence presented through more than 10 witnesses," the statement further read.
Abdallah was found guilty of wilfully failing to comply with procurement laws contrary to Section 45(2)(b), as read with Section 48 of the Anti-Corruption and Economic Crimes Act, 2003.
The court heard that between May 25 and May 29, 2018, he irregularly awarded Multserve Contractors Limited a tender worth Ksh19,007,539.60 for the construction of the Malindi Sub-County Education Office Block without obtaining the mandatory professional opinion required under the Public Procurement and Asset Disposal Act, 2015.
"He was fined Ksh400,000 or, in default, sentenced to serve six years’ imprisonment," the statement noted.
Wanje was convicted on three counts of forgery and one count of uttering a false document after the court found that he forged key tender documents, including a curriculum vitae, a craft certificate and audited financial statements, before fraudulently submitting them to the Tender Opening Committee to secure the contract.
The court also issued a sentence against the contractor after finding him guilty on the four counts.
"He was fined Ksh200,000 on each of the four counts or, in default, sentenced to serve two years’ imprisonment on each count, with the sentences running concurrently," the statement further read.
The court granted both convicts 14 days to lodge an appeal against the convictions and sentences.
Elsewhere, the DPP secured the conviction of Peter Mwaura Mugure on three counts of murder after the High Court in Nyeri found that the prosecution had proved its case beyond reasonable doubt.
In a statement on Friday, July 10, the ODPP said the court found the senior military officer guilty of murdering his two children and their mother in a case dating back to 2019.
The conviction follows a trial in which prosecutors presented evidence detailing the planning, execution and concealment of the killings.
"The accused, a senior military officer holding the rank of Major and formerly stationed at the Laikipia Air Base, was charged with the brutal murders of his two young children and their mother in October 2019," the statement read.
The prosecution told the court that it had presented evidence showing the killings were carefully planned and executed, including how the accused allegedly lured his family to the military installation before carrying out the murders.
"During the trial, the Prosecution presented compelling evidence demonstrating that the accused meticulously planned and executed the killings.
"Led by Principal Prosecution Counsel Jennifer Kaniu and Principal Prosecution Counsel Pithon Mwangi, the Prosecution established that the accused lured his family to the airbase on 25th October 2019 under the pretext of a family visit," the statement added.
According to the ODPP, evidence presented before the court showed that on the morning of October 26, 2019, the accused took the two children outside on the pretext of showing them around the grounds before killing them.
Prosecutors further established that he later killed their mother that evening before concealing the three bodies in the boot of his vehicle, removing them from the airbase and disposing of them at a remote location.
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