Nairobi — The High court has allowed the Ethics and Anti-Corruption Commission (EACC) to recover Sh8.9 million embezzled from the Kenya Tourism Board (KTB) by former Tourism Principal Secretary Rebecca Nabutola.
Justice Esther Maina found that Nabutola and two other suspects made fraudulent payments for services not rendered.
The three were found guilty of defrauding the Tourism Ministry in irregular procurement of services which were otherwise not rendered in 2007.
Justice Maina stated that the amount was paid for a Permanent Secretaries' trip to Maasai Mara for a Tourism Award breakfast meeting despite the expenses having already been fully met by the Kenya Association of Tourism Operators (KATO).
According to the Anti-graft body and the court findings, the three including ex-KTB Managing Director Achieng' Ong'ong'a and Duncan Muriuki were found to have used Maniago Safaris as a vehicle to defraud the organization leading to the loss of the amount.
"Investigations established that the public funds in the sum of Sh8,925,440 were paid by Catering and Tourism Development Levy Trustees (CTDLT) on behalf of KTB to Maniago Safaris despite event expenses having already been met by Kenya Association of Tourism Operators (KATO)," the statement read in part.
In September 2012, the court jailed Nabutola and Ong'ong'a for three years after they were found guilty of defrauding the ministry.
In the ruling, Nabutola was to pay a fine of Sh1 million and in default serve a further two years in jail, while Ong'ong'a Sh1.5 million or serve two more years.
Tour Operator Duncan Muriuki was on the other hand sent to prison for seven years without the option of a fine.
Prior to the recovery of the amount of proceeds of corruption and being sentenced, the trio was charged in May 2009 following recommendations by the then Kenya Anti-Corruption Commission, now known as the EACC.
Nabutola was later charged with the offence of abuse of office contrary to Section 46 of the Anti-Corruption and Economic Crimes Act 2003 and willful failure to comply with the law relating to procurement contrary to Section 45(2) (b) of the Anti-Corruption and Economic Crimes Act 2003.
Ong'ong'a faced similar charges with an alternative charge of abuse of office contrary to Section 46 of the Anti-Corruption and Economic Crimes Act 2003.
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He was charged with fraudulently making payment from public revenues for services not rendered contrary to Section 45(2)(a) iii of the said Act.
Muriuki was charged with the offence of conflict-of-interest contrary to Section 42(3) of the Anti-Corruption and Economic Crimes Act 2003.
According to the prosecutors, the procurement procedures were flouted in awarding the tender to the firm that organized the tour and blamed the former PS and the former KTB boss for failing to follow laid down regulations.
"The Permanent Secretary participated in appointing the said tour company and indeed communicated the appointment to the Catering and Tourism Development Levy Trustees. She also issued instructions for payment of a further Sh400,000 to the said tour company despite the fact that the sum of Sh8,925,440, which was highly exaggerated, had not been accounted for," according to a statement from KACC in April of 2009.
