Ex-Nairobi water staff fined Sh14.5 million over fake diploma scheme

The Anti-Corruption Court in Nairobi has sentenced a former Nairobi City Water and Sewerage Company (NCWSC) employee to a fine of more than Sh14.5 million for fraudulently acquiring salaries using forged academic certificates.

Lawrence Barasa Masinde, who was employed as an ICT assistant, was found guilty of fraudulent acquisition of public property, uttering a false document and deceiving his employer. 

He was, however, acquitted of a separate charge of forgery.

Delivering the judgment on August 28, 2025, Principal Magistrate Charles Ondieki ruled that Masinde had knowingly presented a fake diploma certificate in Information Technology, purporting it was issued by the Eldoret National Polytechnic in 2010.

The certificate, the court heard, enabled him to secure employment at NCWSC in October 2016, leading to the payment of salaries and allowances totalling Sh7,173,963 over seven years.

“The particulars of the offence were that between August 2016 and November 2023, within Nairobi City County, being a public officer employed by NCWSC as an ICT Assistant, the accused fraudulently acquired public property, to Sh7,173,963,” the court stated.

The prosecution described the offences as serious because they undermined the integrity of public service. 

The lead counsel confirmed to the court that Masinde was a first offender.

In mitigation, the defence lawyer pleaded for leniency, noting that Masinde was a family man with three children depending on him. 

“My client is a first offender and a family man with dependents, namely a wife and three children who depend on him,” counsel said.

The court weighed both sides and ruled that although the offences carried heavy economic implications, the fact that Masinde had no previous criminal record and was a first offender warranted a non-custodial sentence.

“In accordance with the principles of sentencing under the Sentencing Policy Guidelines, being a first offender, a non-custodial sentence is the most appropriate in this case,” Magistrate Ondieki said.

The court, however, stressed that sentencing must balance justice for the public with fairness to the accused. 

“The non-custodial sentence should tilt towards achieving the overall purpose of sentencing, namely retribution, deterrence, rehabilitation, restorative justice, promotion of a sense of responsibility, community protection, and denunciation,” the magistrate ruled.

Masinde was ordered to pay a discretionary fine of Sh100,000 under Count I. 

In addition, the magistrate imposed a mandatory fine of Sh14,347,926, equivalent to twice the amount of the benefit he unlawfully gained from NCWSC.

He was also fined Sh100,000 each under Count III (uttering a false document) and Count IV (deceiving a principal). 

Failure to pay any of the fines would result in a one-year jail term for each count.

The ruling underlined the judiciary’s consistent position that public officers who exploit fake academic papers for personal gain must face accountability. 

“Public property was obtained by the accused fraudulently in the form of salaries and allowances,” the magistrate noted.

The court cited several landmark rulings on sentencing, observing that fines should be prioritised for first offenders unless circumstances require harsher punishment. 

The magistrate emphasised that imprisonment in such cases could burden already congested prisons while fines return revenue to the state.

In past judgments, courts have described first offenders as “the most favourite children of the law.” 

Magistrate Ondieki applied that principle in Masinde’s case, pointing out that the mitigating factors outweighed the aggravating ones.

Still, the ruling sent a strong message on corruption-related offences. 

By imposing the Sh14.5 million penalty, the court underscored the deterrent effect of mandatory fines under the Anti-Corruption and Economic Crimes Act.

Masinde was informed of his right to appeal both conviction and sentence within 14 days.

The case adds to a growing list of prosecutions where state agencies have moved to root out fraud in public institutions, especially cases involving forged academic qualifications.

In recent years, courts have consistently upheld stiff fines in corruption-related cases to discourage similar conduct.