The Ethics and Anti- Corruption Commission (EACC) scored a major victory after securing a conviction in a case against a Senior Education Officer who was yesterday convicted and fined Ksh 5.662 million by a Nairobi court for stealing Kshs.3.446 million funds meant for free public education.
Mr. Stephen Mboguah, who was charged under the Anti-Corruption and Economic Crimes Act 2003, will serve seven years’ imprisonment if he fails to pay the fine.
In the case which was instituted through investigations by the EACC, the Anti- Corruption Court Magistrate Mr. Felix Kombo found Mr. Mboguah guilty of embezzling Kshs 3, 446,362 of the Government of Kenya and World Bank funded Kenya Education Sector Support Program (KESSP) funds. The officer based at the Ministry of Education headquarters in Nairobi, faced six counts and was found guilty and convicted on all six charges.
On the first count, he was found guilty of knowingly deceiving a principal and was ordered to pay a fine of Ksh one million or serve one-year imprisonment in default. On the other five counts, he was convicted of fraudulent acquisition of public property and fined a total of Ksh 2.5million or to serve five years in jail in default.
The Magistrate slapped a further fine of Ksh. 2,162,000 or one-year imprisonment on Mr. Mboguah as the quantifiable amount in respect of the six receipts which he fabricated to fraudulently acquire public property.
The public officer was accused of using forged payment receipts for Ksh 3.446 million from Kisumu Polytechnic which he used to account for imprests he had received. He had alleged to have conducted at workshops at the Polytechnic premises, majority of which actually never took place according to the evidence presented in court.
The EACC commenced investigations in 2011 following an allegation that Mr. Mboguah had embezzled Kshs 3, 446,362 of the Government of Kenya and World Bank funded Kenya Education Sector Support Program (KESSP) funds. The amount was meant for the infrastructure needs assessment in Nyanza and Western Provinces between 10th June, 1999 and 19th June, 2009. He had applied for Ksh 3, 446,362 as imprest to conduct infrastructure needs assessment in Nyanza and Western Provinces
Investigations established that the workshops on infrastructure needs assessment did not take place. The documents used to account for expenses of hall hire, computer accessories and stationery were forgeries. The forged receipts and payment schedules were used to account for the amount received by Mr. Mboguah.
The Magistrate concluded that evidence adduced by EACC investigators was not only adequate, but sufficient to prove the charges against Mr. Mboguah to the required standard.
The conclusion of the case follows a recent judgement in favour of the EACC, against two traffic police officers who were also convicted by the anti-corruption court in Nairobi and fined Ksh.1 million each for receiving bribes from motorists along Thika Road.