The Ethics and Anti-Corruption Commission (EACC) has secured the conviction of a former Revenue Collection Assistant at the Nairobi City Water and Sewerage Company Limited (NCWSC), who obtained employment using a university degree certificate that the court found to be false and received Sh4.7 million in salaries. Okandah William John was convicted by the Milimani Anti-Corruption Court after the prosecution proved that he secured employment at the public utility company using a fake Bachelor of Commerce degree certificate purportedly issued by the University of Nairobi.
EACC headquarters/HANDOUT
Senior Principal Magistrate Celesa Asis Okore found Okandah guilty of fraudulent acquisition of public property, uttering a false document and deceiving a principal, but acquitted him on the separate charge of forgery.
The prosecution called seven witnesses in support of the case after investigations by the anti-graft agency.
In his defence, Okandah denied any wrongdoing and maintained that he had not forged the degree certificate at the centre of the case.
He confirmed that he had been employed by Nairobi Water as a Revenue Collection Assistant and acknowledged filling in the employee's personal information form produced in court as evidence.
However, he denied presenting the disputed Bachelor of Commerce degree certificate to the company during the recruitment process.
Okandah also recounted the events leading to his arrest and subsequent prosecution, urging the court to find that he had not committed the offences alleged against him.
In her judgment, Magistrate Okore found that the prosecution had proved three of the four charges beyond a reasonable doubt.
"It is my considered opinion that the prosecution has discharged the onus of proof to the requisite standard save for the charges in Count 2," the magistrate ruled.
She acquitted Okandah of the forgery charge under Section 215 of the Criminal Procedure Code but convicted him on the remaining counts of fraudulent acquisition of public property, uttering a false document and deceiving a principal.
"The accused is found guilty of the charges in Counts 1, 3 and 4 and he is hereby convicted," the court held.
Following the conviction, the court sentenced Okandah to pay a mandatory fine of Sh4,749,597, being the amount he fraudulently acquired in salaries, or serve two years' imprisonment in default.
He was also fined Sh100,000 for each of the three offences of which he was convicted, with a default sentence of 12 months' imprisonment for each count.
The sentences are to run concurrently.
In a statement following the judgment, the anti-graft agency said the conviction reinforces its commitment to safeguarding public resources and ensuring accountability for individuals who obtain public employment through fraudulent means.
