By Diana Wenwa
Two former employees of the Embakasi South National Government Constituency Development Fund (NG-CDF) have been convicted of defrauding the fund of Ksh 2,199,823.
Peter Mukhanji and Nifrey Tero faced seven counts of corruption, including conspiracy to commit corruption, willful failure to comply with procurement laws, fraudulent acquisition of public property, conflict of interest, and receiving a bribe.
The court found them guilty on three counts from the evidence presented to the court by the prosecution.
Peter Mukhanji was convicted of willfully failing to comply with procurement laws. He entered into a written contract with Ewise Systems before the required 14-day waiting period after the notification of the award for the tender to supply 44 computers to Embakasi Girls and Emmaus Secondary School. This act violated section 45(2)(b) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
On the other hand, Nifrey Tero, the sole proprietor of Ewise Systems, was found guilty of fraudulently acquiring public property worth Ksh 2,199,823. This was a violation of section 45(1)(a) as read with section 48 of the Anti-Corruption and Economic Crimes Act.
Additionally, Mukhanji and Tero were jointly convicted of conspiring to defraud the Embakasi South Constituency of the aforementioned amount.
In his ruling, Milimani Chief Magistrate, Victor Wakhumile highlighted that the evidence and testimonies presented by the prosecution, led by Amos Chigiti, clearly demonstrated the involvement of Mukhanji and Tero in the fraudulent activities.
The prosecution’s case was substantiated by exhibits and witness testimonies that confirmed the conspiracy to defraud the NG-CDF.
The magistrate noted that further evidence indicated Mukhanji had attempted to steal exhibits from the court to interfere with the ongoing case. This act was seen as indicative of a guilty mind and an uncooperative attitude, further solidifying the court’s decision.
The Anti-Corruption and Economic Crimes Act No. 3 of 2003, under which they were charged, aims to combat corruption by enforcing strict penalties for such offences.
Mukhanji and Tero’s actions violated several sections of this Act, demonstrating the range of corrupt practices they engaged in. These included willfully ignoring procurement regulations, engaging in conflict of interest, and receiving bribes.
The Embakasi South NG-CDF, like other public funds, is intended to support community development projects, and its misappropriation undermines these efforts.