The Office of the Director of Public Prosecutions has secured the conviction of a National Government Constituency Development Fund (NG-CDF) official and a private contractor over the irregular award of a public project worth more than Sh19 million in Malindi.
The Malindi Chief Magistrate's Court found the two guilty after ruling that the prosecution had proved its case beyond reasonable doubt.
In its judgment, the court held that the evidence presented by the prosecution established offences under the Anti-Corruption and Economic Crimes Act and the Penal Code.
The court dismissed the defence case, describing it as "weak and unconvincing." It further found that the prosecution's evidence, presented through more than 10 witnesses, was credible and consistent.
The conviction arose from the award of a tender valued at Shh19,007,539.60 for the construction of the Malindi Sub-County Education Office Block.
According to the prosecution, the NG-CDF official failed to comply with procurement laws by awarding the contract without obtaining the mandatory professional opinion required under the Public Procurement and Asset Disposal Act, 2015.
The offence was committed between May 25 and May 29, 2018.
The court found the official guilty of wilfully 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, 2003.
The official was fined Shh400,000 or, in default, will serve six years in prison.
The contractor was convicted on three counts of forgery and one count of uttering a false document.
The court found that the contractor forged key tender documents, including a curriculum vitae, a craft certificate and audited financial statements, before submitting them to the Tender Opening Committee to secure the contract.
For the offences, the contractor was fined Sh200,000 on each of the four counts or, in default, will serve two years' imprisonment on each count. The prison terms will run concurrently.
In delivering the judgment, the court said the prosecution had successfully demonstrated the offences beyond the required legal threshold. It also affirmed the credibility of the witnesses who testified during the trial.
The prosecution's case was supported by testimony from more than 10 witnesses.
The court granted both convicts 14 days to lodge an appeal against their convictions and sentences.
The convictions mark the conclusion of a corruption prosecution centred on procurement irregularities and forged tender documents linked to the award of the public construction contract.
The court's decision followed its finding that the prosecution had presented sufficient evidence to prove the charges beyond a reasonable doubt.
