Six years behind bars for a procurement officer for fraudulent practice
18:07:2024: A Court in Mombasa has sentenced a Senior Procurement Officer at the Mombasa County Assembly to a 6-year jail term or a fine of Kes2.1 million for fraudulent practice in procurement proceedings, among other charges.
Crispin Odhiambo Atego was convicted together with the former Clerk of the Mombasa County Assembly, Tubman Otieno Achogo, who was sentenced to one year in jail or a fine of Kes300,000.
The two had been charged alongside Triza Mwanyika, a Senior Public Relations Officer in the Mombasa County Assembly, on various charges related to corruption and economic crimes. Ms. Mwanyika was, however, acquitted under Section 215 of the Criminal Procedure Code (CPC).
The Ethics and Anti-Corruption Commission (EACC)’s Lower Coast Regional Office in Mombasa investigated allegations in 2018 that the County Assembly of Mombasa had attempted to pay Kes870,000 to Kuri Supplies for Cameras, laptops, and printers even though the goods had not been delivered.
Investigations revealed that the County Assembly of Mombasa invited Kuri Supplies to supply goods without following the procurement procedures; the tendering process was done through quotations instead of open tendering as required by law; the goods delivered were not inspected; and the minutes of the tender committee and quotations were forged.
The Director of Public Prosecutions concurred with EACC’s recommendation to charge, and the suspects were arraigned on 26/06/2018. The Senior Procurement Officer was charged with seven counts relating to willful failure to comply with the applicable law relating to procurement, fraudulent practice in procurement proceedings, and making a false document. Ms. Mwanyika was charged with fraudulent practice in procurement proceedings. The former County Assembly Clerk was charged with willful failure to comply with the applicable law relating to procurement, engaging in procurement without prior planning, and making a false document.
The prosecution called nine witnesses, after whose testimony the accused were placed on their defense.
Mombasa Law Court Chief Magistrate, Hon. Alex Ithuku delivered a judgment on 20June 2024, convicting the Mombasa County Assembly’s Senior Procurement Officer on the first three counts to Kes500,00 on each or to serve one-year imprisonment on each. He was sentenced to Kes200,00 on each of the remaining four counts or to serve one-year imprisonment on each.
Mr. Achogo, the former Mombasa County Assembly Clerk, was convicted on one count of making a false document to which he was sentenced to one-year imprisonment or a fine of Kes300,000.
