Senior NG-CDF Official, Contractor Convicted in Ksh 19 Million Corruption Case

The Director of Public Prosecutions (DPP) has secured a conviction against a senior National Government Constituency Development Fund (NG-CDF) official and a private contractor in a corruption case involving the irregular award of a Ksh19 million public project in Malindi.

The Malindi Chief Magistrate’s Court found Wachu Omar Abdallah, the NG-CDF Malindi Fund Account Manager, and Robert Katana Wanje, a director of Multserve Contractors Limited, guilty after ruling that the prosecution proved its case beyond a reasonable doubt.

Chief Magistrate John N. Muniu held that the evidence presented by the prosecution established the offences under the Anti-Corruption and Economic Crimes Act and the Penal Code.

“The court rejected the defence case, describing it as weak and unconvincing, while affirming the credibility and consistency of the prosecution’s evidence presented through more than 10 witnesses,” ruled Muniu.

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DPP Details How Malindi NG-CDF Tender Was Irregularly Awarded

Abdallah was convicted 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 court heard that between May 25 and May 29, 2018, he irregularly awarded Multserve Contractors Limited a tender worth Ksh 19,007,539.60 for the construction of the Malindi Sub-County Education Office Block without obtaining the mandatory professional opinion required under the Public Procurement and Asset Disposal Act, 2015.

He was fined Ksh 400,000 or, in default, sentenced to serve six years’ imprisonment.

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Forgery Charges Against Contractor

Wanje was convicted on three counts of forgery and one count of uttering a false document after the court found that he forged key tender documents.

These included a curriculum vitae, a craft certificate, and audited financial statements, which he fraudulently submitted to the Tender Opening Committee to secure the contract.

“He was fined Ksh 200,000 on each of the four counts or, in default, sentenced to serve two years’ imprisonment on each count, with the sentences running concurrently,” the court ruled.

The court granted both convicts 14 days to lodge an appeal against the convictions and sentences.

Prosecution was led by Principal Prosecution Counsels Martin Kariuki, Alex Ndiema, Godfrey Ngige, and Henrietta Mburu.

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DPP secures conviction of Malindi NG-CDF official Wachu Omar Abdallah and contractor Robert Katana Wanje over Ksh19 million tender fraud case. PHOTO/ DPP