In a significant ruling, the Court of Appeal in Nairobi upheld the sentence given to four government employees involved in a fraudulent scheme that led to the illegal transfer of Ksh 75 million. The presiding judge, Justice Agnes Murgor, found that one of the accused had manipulated board meeting minutes to approve the transfer of funds to a company that did not supply the procured goods.

The primary suspect in the scam had colluded with three other staff members to bypass procurement guidelines and facilitate the transfer of funds. The School Equipment Production Unit (SEPU), a semi-autonomous government agency under the Ministry of Education, uncovered the illicit transfer in 2015 and subsequently filed a case to recover the misappropriated funds.

During the trial, 19 witnesses confirmed that the four accused individuals had conspired to orchestrate the illegal transfer without adhering to procurement laws. The court established that the minutes of the meeting, which were supposed to authorize the procurement process, had been tampered with, as the board members disowned them. Consequently, the contract between SEPU and the equipment supply company, based on falsified minutes, was deemed fraudulent, illegal, and invalid.

The Court of Appeal, in its judgment, upheld the decision of the High Court, which had sentenced each defendant to pay a fine of Ksh 800,000 or serve two years in prison if the fine was not paid. Additionally, the SEPU employee responsible for doctoring the minutes received an additional 12-month prison sentence in addition to the fine.

Justice Murgor, while delivering the judgment, emphasized that the accused individuals had violated procurement laws by transferring funds for goods that were never supplied. She dismissed their appeal, affirming that the charges against them were clear and proven beyond a reasonable doubt.

During the appeal process, the defendants had argued that the High Court's ruling was unduly harsh. They claimed that the minutes were genuine and that they had followed proper procurement processes, further asserting that the goods would be delivered at a later date. However, they failed to substantiate these claims before the Court of Appeal.

With the Court of Appeal's decision, the government employees involved in the fraudulent scheme now face the consequences of their actions. The ruling sends a strong message that such misconduct and violation of procurement laws will not be tolerated, reaffirming the importance of transparency and accountability in public institutions.