A court ruling in Malindi has brought fresh attention to how public funds are managed after a senior National Government Constituency Development Fund (NG-CDF) official and a private contractor were found guilty over the irregular award of a Ksh.19 million construction tender.
The Chief Magistrate’s Court convicted Wachu Omar Abdallah, who served as the NG-CDF Malindi Fund Account Manager, and Robert Katana Wanje, a director of Multserve Contractors Limited, following a case that examined the procurement process behind the construction of the Malindi Sub-County Education Office Block.
According to the court, the prosecution successfully proved its case beyond reasonable doubt.
Magistrate Muniu noted that the evidence presented by more than 10 witnesses was credible and consistent, while the defence arguments failed to create doubt about the accusations facing the two men.
The case centered on a tender worth Ksh.19,007,539.60 that was awarded between May 25 and May 29, 2018. Investigators told the court that Abdallah approved the contract without obtaining the mandatory professional opinion required under the Public Procurement and Asset Disposal Act, 2015.
The professional opinion is a key requirement intended to ensure transparency, accountability and compliance with procurement laws before public contracts are awarded.
The Office of the Director of Public Prosecutions (DPP) stated that Abdallah was found guilty of wilfully failing to comply with procurement laws, an offence under the Anti-Corruption and Economic Crimes Act, 2003.
The court fined him Ksh.400,000, with the alternative of serving six years in prison if he fails to pay the fine.
The court also found that the contractor played a direct role in securing the tender through false documentation. Wanje was convicted on three counts of forgery and one count of uttering a false document.
Evidence presented during the trial showed that he forged important documents, including a curriculum vitae, a craft certificate and audited financial statements, before submitting them as part of the tender application.
The forged documents helped create the impression that the company met the required qualifications for the project.
The court concluded that these documents were intentionally used to influence the tendering process and gain an unfair advantage over other potential bidders.
For the offences, Wanje was fined Ksh.200,000 on each of the four counts. If he fails to pay the fines, he will serve two years in prison for each count, with the prison terms running concurrently.
The conviction sends a strong message about the consequences of ignoring procurement rules and manipulating public tender processes.
Public projects are funded by taxpayers and are expected to follow strict legal procedures designed to protect public resources.
The court has granted both convicts 14 days to file appeals against their convictions and sentences if they choose to challenge the ruling.
Add Comment