A former employee of the Kenya Plant Health Inspectorate Service (KEPHIS) has been fined Ksh5 million or sentenced to serve an eight-year prison term by the Anti-Corruption Court in Nairobi.
The ruling, delivered on Tuesday, August 20, marked the culmination of a case that exposed a significant breach of public trust.
The ex-employee, who was working as an Assistant Inspector II, was found guilty of fraudulently acquiring academic certificates, which he used to secure employment at KEPHIS.
The Court heard that the individual provided false information on his employment application forms, claiming to possess qualifications from both Baraka Agricultural College and Kilifi Institute of Agriculture, claims that were later proven to be entirely fabricated.
Chief Magistrate Thomas Nzyoki handed down the sentence, which includes a fine of Ksh100,000 or a 12-month imprisonment for the fraudulent acquisition of academic certificates. Additionally, the Court imposed a mandatory fine of Ksh4,746,834.38—the total amount the employee earned during his tenure at KEPHIS—or a five-year prison term in default.
The fraudulent activities took place between June 26, 2013, and April 24, 2021, during which the employee received a monthly salary based on the forged documents. The prosecution, led by Susan Keli, successfully established that the employee had deceived KEPHIS into believing he was qualified for the position, resulting in the illicit acquisition of public funds.
Apart from the major fraud conviction, the former KEPHIS employee was also convicted on two counts of providing false information to a public entity, each carrying a fine of Ksh200,000 or a two-year imprisonment. These counts relate to the false declarations he made on the KEPHIS employment form, where he stated that he held a Diploma in Sustainable Agriculture and Rural Development and a Certificate in Agriculture with Distinction—both of which were non-existent.
The Ethics and Anti-Corruption Commission (EACC) initiated the investigation following a complaint lodged on June 8, 2021, by the KEPHIS Managing Director. The complaint raised suspicions regarding the authenticity of the employee's academic credentials, leading to an in-depth inquiry by the EACC.
The investigation revealed that the employee had not only forged the Diploma Certificate in Sustainable Agriculture and Rural Development but also a Certificate in Agriculture from Kilifi Institute of Agriculture and a Kenya Certificate of Secondary Education (KCSE) with a mean grade of C. These falsified documents were used to secure his position at KEPHIS, where he fraudulently earned over Ksh4.7 million in salary over the years.
After thorough investigations, the Office of the Director of Public Prosecutions (ODPP) concurred with the EACC's findings, leading to the employee's arrest on 12 counts of various offences, including fraudulent acquisition of funds, providing false information, and forgery. The charges were formally brought before the Anti-Corruption Court in Milimani on May 25, 2023.
During the trial, the Court was presented with evidence detailing how the employee had, on February 8, 2013, knowingly provided false information in his KEPHIS employment application form. This falsehood extended to multiple fabricated qualifications, all aimed at securing the job.
While the former employee was acquitted on four counts of forgery due to a lack of conclusive evidence on the chain of custody, he was convicted on the remaining counts of fraudulent acquisition and providing false information. The sentences are to run consecutively from the date of judgement, July 30, 2024.
