Malindi NG-CDF officials convicted in Ksh.19 million graft case

A senior National Government Constituency Development Fund (NG-CDF) official and a private contractor have been convicted over the irregular award of a Ksh.19 million public construction tender in Malindi.

The 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 concluding that the prosecution had proved its case beyond reasonable doubt.

Magistrate Muniu ruled that the prosecution had presented credible and consistent evidence through more than 10 witnesses, dismissing the defence's case as weak and unconvincing.

“Abdallah was found guilty of willfully 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,” read a statement by the Office of the Director of Public Prosecutions (DPP).

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

He was convicted of wilfully failing to comply with procurement laws under the Anti-Corruption and Economic Crimes Act and fined Ksh.400,000 or, in default, sentenced to serve six years in prison.

Wanje was found guilty on three counts of forgery and one count of uttering a false document after the court established that he forged key tender documents, including a curriculum vitae, a craft certificate and audited financial statements, before submitting them to the Tender Opening Committee to secure the lucrative contract.

The contractor was fined Ksh.200,000 on each of the four counts or, in default, sentenced to two years' imprisonment on each count, with the custodial terms set to run concurrently.

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