Nabutola, Ong'ong'a lose appeal in in Sh9m fraud case

Nabutola

Former Tourism PS Rebecca Nabutola in a Nairobi Court on May 19, 2016. 

Photo credit: File

By  VINCENT AGOYA

What you need to know:

  • Appeal Judge Grace Macharia penalised the two government officials on a charge of wilful failure to follow procurement rules.
  • The judge overruled a magistrate's verdict in which Mr Muriuki had been ordered to refund Sh800,000 to the government or serve an additional year in jail.
  • The three had been charged in May 2009 following recommendations by the then Kenya Anti-Corruption Commission, now the Ethics and Anti-corruption Commission.
  • Mr Ong’ong’a faced similar charges, with an alternative charge of abuse of office.

Former Tourism permanent secretary Rebecca Nabutola and former Kenya Tourism Board (KTB) boss Achieng Ong’ong’a have been ordered to pay a Sh500,000 fine each or serve one year in jail after losing an appeal against their conviction for defrauding the ministry of Sh8.9 million.

Appeal Judge Grace Macharia penalised the two government officials on a charge of wilful failure to follow procurement rules but quashed earlier sentences for conspiracy to defraud.

A tour operator, Duncan Muriuki, who was convicted alongside the officials and had been jailed for seven years without the option of a fine was, however, set free by Judge Macharia, who ruled that prosecutors had not proved any case against him.

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VERDICT OVERRULED

The judge overruled a magistrate's verdict in which Mr Muriuki had been ordered to refund Sh800,000 to the government or serve an additional year in jail.

The three had been charged in May 2009 following recommendations by the then Kenya Anti-Corruption Commission, now the Ethics and Anti-corruption Commission.

The case involved investigations into the illegal payments of money to a tour company that coordinated a visit to the Mara by former President Mwai Kibaki and other top government officials.

According to prosecutors, procurement procedures were flouted in awarding the tender to the firm that organised the tour. They blamed the PS and the former KTB boss for failing to follow laid-down regulations.

“The permanent secretary participated in appointing the said tour company and indeed communicated the appointment to the Catering and Tourism Development Levy Trustees.

“She also issued instructions for payment of a further Sh400,000 to the said tour company despite the fact that the sum of Sh8,925,444, which was highly exaggerated, had not been accounted for. She was negligent,” the judge said.

Ms Nabutola was later charged with abuse of office and wilful failure to comply with the law relating to procurement.

Mr Ong’ong’a faced similar charges, with an alternative charge of abuse of office.

He was charged with fraudulently making payment from public revenues for services not rendered.

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