MALINDI, Kenya — A senior National Government Constituencies Development Fund (NG-CDF) official and a private contractor have been convicted over the irregular award of a Sh19 million public construction tender in Malindi, marking another milestone in Kenya’s fight against procurement-related corruption.
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 concluding that the prosecution had proved its case beyond reasonable doubt.
The convictions relate to the award of a contract for the construction of the Malindi Sub-County Education Office Block in 2018.
Court Finds Prosecution Proved Its Case
Chief Magistrate Muniu ruled that the prosecution had presented credible and consistent evidence through more than 10 witnesses, rejecting the defence’s case as weak and unconvincing.
According to the Office of the Director of Public Prosecutions (ODPP), the court found Abdallah guilty of wilfully failing to comply with procurement laws.
“Abdallah was found guilty 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 ODPP said.
Tender Awarded Without Mandatory Approval
The court heard that between May 25 and May 29, 2018, Abdallah unlawfully awarded Multserve Contractors Limited a tender valued at Sh19,007,539.60 for the construction of the Malindi Sub-County Education Office Block.
The prosecution established that the contract was awarded without obtaining the mandatory professional opinion required under the Public Procurement and Asset Disposal Act, 2015, rendering the procurement process unlawful.
The court found that the failure to follow the prescribed procurement procedures constituted a breach of the Anti-Corruption and Economic Crimes Act.
Contractor Convicted of Forgery
The court also convicted Wanje on three counts of forgery and one count of uttering a false document.
According to the prosecution, the contractor forged several documents used during the tendering process, including a curriculum vitae, a craft certificate and audited financial statements.
The forged documents were subsequently presented to the Tender Opening Committee to enhance Multserve Contractors Limited’s chances of securing the lucrative government contract.
The court found that the evidence presented by the prosecution established the offences beyond reasonable doubt.
Court Imposes Fines and Prison Terms
Following the convictions, Abdallah was fined Sh400,000 or, in default, sentenced to six years’ imprisonment.
Wanje was fined Sh200,000 on each of the four counts.
Should he fail to pay the fines, he will serve two years’ imprisonment on each count, with the custodial sentences to run concurrently.
The penalties reflect the seriousness with which courts continue to treat offences involving procurement fraud and the falsification of official documents.
Convicts Given Right to Appeal
The court granted both Abdallah and Wanje 14 days to lodge appeals against their convictions and sentences.
The judgment adds to a growing number of successful prosecutions involving corruption and procurement irregularities in the management of public funds.