On Friday, November 11, the High Court allowed the Ethics and Anti-Corruption Commission (EACC) to recover Ksh8 million reportedly embezzled from the Kenya Tourism Board by former Tourism Permanent Secretary Rebecca Nabutola and two others.
Justice Esther Maina of the Anti-Corruption Court ruled that the former PS and her co-accused made a fraudulent payment for services not rendered.
She further directed the three to pay interest on the money in question since 2016, when the recovery suit was initiated.
Nabutola was charged in 2007 after it emerged that the Ministry of Tourism irregularly transacted Ksh8 million to a Maasai Mara Hotel.
The amount was allegedly paid for a Permanent Secretaries’ trip to Maasai Mara’s ‘Tourism Awards Breakfast Meeting.
However, investigations established that the Kenya Association of Tourism Operators (KATO) had already fully paid for the event's expenses of the trip.
EACC stated that the tender award was done without the involvement of the Kenya Tourism Board (KTB).
Justice Maina also questioned the approval of the said sum without a budget breakdown of the expenditure.
“This court finds that the fourth defendant was unjustly enriched by receiving the sum of Ksh8.9 million. The whole trip is subject to the suit and the criminal proceedings in the lower court’s total cost was Ksh946,604.
"There is doubt as to why the sum of Ksh8 million was paid to the fourth defendant,” Justice Esther stated.
Nonetheless, the PS and her co-accused were offered a window of 30 days to file an appeal against the judgement.
