By Peter Ochieng
Two former employees of the Embakasi South National Government Constituency Development Fund (NG-CDF), have been found guilty of fraud.
They were found guilty of defrauding the Constituency Fund of Sh 2, 199, 823.
According to the Office of the Director of Public Prosecutions (ODPP), Peter Mukhanji and Nifrey Tero had been charged with seven counts of corruption, including conspiracy to commit an offence of corruption contrary to section 47(a) (3) as read with section 48 of the anti-corruption and economic crimes Act no.3 of 2003.
The other charges included wilful failure to comply with the law relating to procurement contrary to section 45(2) (b) as read together with section 48 of the anti-corruption and economic crimes Act no.3 of 2003, and wilful failure to comply with the law relating to procurement contrary to section 45(2) (b) as read together with section 48 of the anti-corruption and economic crimes Act no.3 of 2003.
ODDP said they were convicted on three counts as the court found that the evidence presented to the court by the prosecution, proved the two indeed committed the offenses.
“Peter Mukhanji was found guilty on the second count of willfully 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 no. 3 of 2003 by entering into a written contract with Ewise systems before the lapse of 14 days after the notification of award for tender for the supply of 44 computers to Embakasi girls and Emmaus secondary school,” added the ODPP.
Nifrey Musilivi was convicted on the fifth count for the fraudulent acquisition of public property contrary to section 45(1)(a), that being the sole proprietor of Ewise Systems, she fraudulently acquired public property worth Sh2,199,823 million.
“They were however jointly convicted on the first count of fraudulently conspiring to defraud the Embakasi South Constituency of Sh2,199,823 million.”
Milimani Chief Magistrate Victor Wakhumile in his ruling noted that exhibits and testimonies presented in court by the prosecution led by Amos Chigiti, corroborated and affirmed that the two conspired to defraud the entity.
He added that further evidence showed Peter Mukhanji stole exhibits from the court with the intention of interfering with the matter.