An officer who served in the National Police Service for 14 years has been handed two-year imprisonment for impersonation.
John Chacha Nyamohanga alias Moses Mogaya was convicted after a Nairobi court found him guilty of using a KDF officer’s KCSE certificate.
He was given an alternative fine of Sh500,000.
In a judgment delivered on March 23 by chief magistrate Douglas Ogoti, the court found that Nyamohanga uttered a KCSE certificate on January 3, 2007 to the Administration Police Service for purposes of employment.
The certificate lawfully belonged to one John Chacha Mwita—a KDF officer.
The court noted that the accused earned a salary he never deserved for 14 years. The case, as other cases involving economic crimes, was proved by a trail of documents that spoke louder than oral evidence, the magistrate said.
“However, since he co-operated in the trial, I will sentence him to a fine of Sh500,000 in default he will serve a jail term of two years,” Ogoti ruled.
It was the prosecution’s case that Falex Chacha Nyamatera, a teacher at Getonganya Primary School was approached on February 27, 2017 by EACC officers who asked whether he knew John Chacha Nyamohanga.
Nyamatera taught at the school between 2009 and April 2018.
He told the sleuths that Nyamohanga was a neighbour since childhood and was working with the Kenya Defense Forces.
The father was called Charles Nyamohanga Mwese. He identified a KCPE printout reading 1998 for Getonganya Primary School. The name on the certificate was Chacha John N.
Samo Ireri was teaching at Kubweye Secondary School for 20 years from 1996. EACC officers went there and sought information about Chacha Nyamohanga and Moses Mogaya. She recognised Moses Mogaya in court and not John Nyamohanga.
Ireri informed the court that John Chacha Nyamohanga was admitted to Form 1 in 1999. His guardian's name was Johanes M Mwise and he sat his KCSE in 2002 and later joined KDF.
On Moses Mogaya, the witness informed the court that the said Mogaya joined the school in 1997. He was born in 1980 and was admitted as Mwita Moses M with Mogaya M. Rioba as the guardian's name.
The last school he attended was Nyabohanse Primary School. Ireri said Mogaya informed her that he was a police officer when they met later on.
Motera Matiko Mosiaga was the Nyangoge assistant chief. The area is in Bugumbe East location, Masaba division in Kuria West subcounty.
He said he knew both the accused and one John Nyamohanga Chacha. He could also recognise them. He recognised the accused in court as Moses Mwita Magaya who through his identification documents was John Chacha Nyamohanga.
Paul Ndirima was the assistant director of human resources at the AP headquarters. He produced 13 documents of the accused starting with his KCPE certificate to his appointment letter as a police officer.
In cross-examination, he informed the court that wherever there was a complaint against an officer, a confidential file was opened. The disciplinary complaint in the accused case was that certificates in his file were not genuine. The complaints were to be handed over to relevant authorities.
The HR boss said they received a complaint that they had been paying somebody who was not John Chacha.
John Chacha Nyamohanga was the KDF officer who was also approached by the EACC. He explained that the document used by the accused was his. He attended Getonganya Primary School between 1991 and 1998, sat KCPE in 1998.
He later joined Kibweye Secondary School between 1999 and 2003. In 2002, he obtained a C+ grade in KCSE. He sat the exam again in 2003 and obtained B (plain) grade. In January 2005 he joined the KDF. Accused Moses Mogaya was ahead of him by two years.
Mogaya was a footballer and he had not given him his certificate. He saw him last in 2003 in school when he worked in school and trained football players.
During cross-examination, the witness informed the court that he only collected the certificate for 2003. He knew the name accused was called in school and if he gave the name John Chacha Nyamohanga that would be a surprise. His father collected the certificate for 2002.
He also told the court that having a name did not justify having documents.
Francis Kwedho worked with the Kenya National Examinations Council. He said Knec had been asked through a letter by EACC to confirm exam results for Moses Mogaya who sat KCPE in 1996 and also for John Chacha Nyamohanga whi did the exam in 1993. Also to be confirmed were KCSE results for John Chacha Nyamohanga (2002) and John Chacha Nyamohanga (2003).
Mwita Moses Mogaya sat for KCSE in 2000 and scored a D (plain) grade.
John Chacha N sat for KCPE in 1998. Mwita Moses Mogaya sat for KCPE in 1996 at Nyabohanse Boys Primary School.
Mogaya in his defence told the court that he went to Nyangoge Primary School up to 1998. He then joined Kubweye Secondary School and obtained a C+ in 2002.
In 2005, he joined the General Service Unit which was later nullified. He said he was trained at the Embakasi college and at later given letters of appointment.
After training, he was sent to Marsabit before being allowed to go home. While at home, he received a report that five policemen had been burnt at Sachangwan, Molo where he had been transferred to.
He claimed he used to go around with his certificates and that all got burnt during the tragedy. He tried to get replacements from Knec in vain. He denied knowing Moses Mogaya.
He said his mother was Sabina Gati and father was called Joseph Chacha Ikwabe. He said nobody questioned his name.
He defended himself saying that he had worked for 14 years and was shocked about the allegations made against him. He denied knowledge of the witness who said the certificates were his. Mogaya told the court the charges were mere fabrications.
He said he was the only John Chacha Nyamohanga in 2002 though he could not remember his index number for KCSE. He could also not see his photo in the nominal role of Kubwege Secondary School but could see that of John Chacha Nyamohanga who was not himself.
