A former senior government official has been sentenced for fraudulently earning a salary and allowances using a forged academic qualification.
On Thursday, August 14, the Office of the Director of Public Prosecutions (ODPP) confirmed the conviction, revealing that the case stemmed from a scheme in which the accused unlawfully received Ksh1,455,066.05 in salaries and allowances between April 1 and August 31, 2022.
The ex-official, who worked at the Rural Electrification and Renewable Energy Corporation (REREC), was also ordered to pay a fine of Ksh3 million, or serve four years in prison if he failed to pay the fine.
This occurred while the accused held a position acquired through falsified academic qualifications.
The court found that the ex employee used a forged Master of Business Administration degree certificate allegedly issued by the University of Nairobi to obtain public funds.
For fraudulently acquiring public property, the convict was fined Ksh100,000; if unable to pay, they were sentenced to one year in prison.
The court also imposed a mandatory fine of Ksh2,910,131, which was double the amount illegally obtained. If this fine was not paid, the convict would serve a two-year prison sentence.
Further, the individual was convicted of the offence of submitting a false document. According to the ODPP, on 23 March 2021, he knowingly presented his forged MBA certificate to the Chief Executive Officer of REREC in an attempt to deceive them.
This offence earned the former official a fine of Ksh100,000, or a one-year prison term if he failed to pay the fine.
While delivering the judgement, Judge Celesia Okore also ruled that the sentences must be served consecutively, meaning that all penalties will be served one after the other rather than concurrently.
What the law says about forging documents
Under the Penal Code, specifically sections 347, 349, and 353, forging certificates with the intent to defraud or deceive is an offence punishable through criminal prosecution.
A forgery offence can also involve alteration of material, for example a genuine document or the forging of an electronic record.
According to Section 349, the general punishment for forgery is imprisonment for up to three years.
