NAIROBI Kenya June 20 -Milimani High Court has ordered former principal of Chebororwa Agricultural Training Centre, in Uasin Gishu County to pay to the Government Sh11.49 million they stole in 2017.
Nicholas Kiprop Kaino, his wife Rose Rotich and the District Accountant for Marakwet West Sub-county Alison Odera Mkangula have also been ordered to refund the money together with an annual interest of 12 percent from the date of the theft which took place in 2017.
An investigation by the Ethics and Anti-Corruption Commission (EACC) revealed that the fraud was hatched and executed by Kaino and Mkangula who fraudulently withdrew all the funds through various cheques drawn in their favour and in favour of four business entities associated with them.
The business entities have been identified as Rotkan Investments, Wagabi Enterprises, Jergens Enterprises and Forgill Agencies, which did not supply anything to the institution.
Rotkan Investments is a business entity owned by the principal and his wife while Wagabi Enterprises is owned by Bernard Absolom Sanya.
Jergens Enterprises and Forgill Agencies are registered in the name of Marrion Paulyne Dome. Both Bernard Absolom Sanya and Marrion Paulyne Dome were established, through investigations, to be acting for and on behalf of Mkangula, the district accountant.
Justice Esther Maina in her ruling on June 15 ordered Kaino Sh 4,663,000 illegally withdrawn in his name. Kaino and his wife are also to jointly pay Sh 2,830,000 received by their company Rotkan Investments.
Mkangula, who had in the course of the proceedings admitted liability for himself, and the proprietors of Wagabi Enterprises, Jergens Enterprises and Forgill Agencies respectively are to pay a total of Sh5, 746,500.
EACC said the funds were withdrawn from the Chebororwa Agricultural Training Centre (ATC) bank account held at KCB Bank Kapsowar.
For purposes of sustainable management, Chebororwa ATC operates a Demonstration Farm Fund Account (DFF Account).
DFF is a fund established under the Exchequer Audit (Demonstration Farms Fund) Regulations 1990. To generate income, Chebororwa ATC conducts commercial farming activities.
Kaino was the principal between 2012 and November 2016 he handed over to a new Principal. He, however, did not hand over as a signatory to the Account.
However, at the time of the withdrawals, Kaino had left the institution and was therefore prohibited from transacting in the account.
“After the withdrawals, in an effort to conceal the fraudulent payments, the account was closed pursuant to instructions of the District Accountant Marakwet West Sub-County,” EACC said.
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