Editor's Review

The court further found that Nyabuti fraudulently obtained a disability certificate from the National Council for Persons with Disabilities, which enabled him to enjoy tax exemptions.

The Anti-Corruption Court on Tuesday, September 15, ordered a former  Kenya Electricity Generating Company Limited (KenGen) employee to pay Ksh16 million or serve 11 years in jail.

In a statement issued by the Director of Public Prosecutions (DPP), the accused, David Mogire Nyabuti, was found guilty of forging a KCSE Certificate to secure employment, where he obtained more than Ksh14.9 million in salaries and benefits.

The court further found that Nyabuti fraudulently obtained a disability certificate from the National Council for Persons with Disabilities, which enabled him to enjoy tax exemptions between July 2014 and September 2018.

He is also accused of purchasing property using the money he was paid, and was charged with uttering false documents.

"Senior Principal Magistrate C. Okore sentenced Nyabuti to pay KSh14,946,118 in compensation for fraudulently acquired public property, in default of five years’ imprisonment. He was also fined KSh900,000 for the same offence, in default of two years’ imprisonment.

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"Nyabuti was further convicted on two counts of uttering false documents contrary to Section 353 of the Penal Code. He was fined KSh200,000 on each count, with a default sentence of two years’ imprisonment for each offence," the statement read in part.

According to the prosecution, the suspect presented a KCSE certificate indicating that he scored a C- to secure employment at KenGen, yet he actually attained a  D- in the exam.

"He had actually sat for the KCSE examination in 1994 at St Paul’s Igonga Secondary School, where he obtained a mean grade of D- from eight subjects. However, the certificate he presented to KenGen reflected a mean grade of C-, which he used to obtain employment and subsequently earn salaries and benefits amounting to KSh14,946,118.82," the DPP wrote.

Nyabuti, who worked at KenGen for 15 years, resigned when his employer demanded that he provide his original academic certificates.

The conviction came two weeks after former Machakos County Government Chief Officer Joseph Mutwiwa Munyao was charged with allegedly using forged academic certificates to secure employment in the county government.

Munyao was picked up by EACC officers and was presented in court, where he denied the charges. The court subsequently released the former chief officer on a cash bail of Ksh1 million or an alternative bond of Ksh2 million with a surety of a similar amount.