The Ethics and Anti-Corruption Commission (EACC) has filed a petition in Nairobi’s High Court seeking to recover Ksh.21, 697,500 allegedly fraudulently obtained by a private firm, Mulwa Farm Limited, between 2016 and 2019.
Mulwa Farm, according to EACC, conspired with nine officials from the State Department of Correctional Services to steal money from state coffers.
Ochoki Omaiyo Joseph, Sarah Kemunto Kerandi, James Nyang’au Gekobe, Humphrey Wende Abok, Isaac Barasa Wekesa, Moses Juma Sirengo, Joseph Kamau Mwangi, Mageto Omari Mirieri, and Jack Nyariango Ogao are the correctional officers.
According to EACC investigations, the aforementioned funds were intended to be payment for food and rations to be supplied to the Department of State Corrections.
“During the Financial Years 2016/2017, 2017/2018, and 2018/2019, Mulwa Farm Limited, whose sole director is Steven Mulwa, fraudulently and illegally received a total sum of Ksh.21,697,500.00/= from the State Department of Correctional Services on account of goods (food and rations) not supplied,” EACC said in a statement.
According to EACC, the nine correctional officers made payments to Mulwa farm using payment vouchers backed up by the aforementioned forged documents.
“As a result, the Defendants jointly and severally engaged in fraudulent conduct, illegality, and violations of procurement and Public Finance Laws and Regulations,” the commission stated.
Following the completion of investigations, EACC issued a notice to the suspects on August 16, 2022, directing them to hand over the said cash, a request they allegedly failed to comply with, prompting the graft watchdog to file a recovery suit before the High Court.
EACC now wants the suspects to answer for falsifying requisition forms and payment vouchers, submitting falsified documents to facilitate payment of goods, receiving over Ksh.21 million dishonestly, and transferring the funds to other accounts to conceal the scheme.
The commission also wants the suspects prosecuted for fraudulently acquiring and receiving public property by receiving payments for goods not supplied, failing to comply with the provisions of the Public Procurement and Disposal of Assets Act 2015 and the Public Procurement and Disposal of Assets Regulation of 2006, and abusing office.
