Kenya ACEC No. 9 of 2016 Kenya Anti-Corruption Commission ¬vs¬ Peter Mwai Ndegwa & 9 others
The Kenya Anti-Corruption Commission instituted this suit to recover over $ 280,000 and a motor vehicle from the defendants, who were public officers working in different ministries and institutions. The 1st-3rd defendant who were officials of the defunct Makuyu County Council hatched a fraudulent scheme with the 6th defendant who was a public officer at the National Treasury to divert funds that were meant for Makuyu County Council for personal use. The 4th, 5th, 7th, 8th-10th defendant were used as conduits to conceal the embezzled funds.
During the hearing, the Anti-Corruption Commission tabled evidence that proved how money fraudulently moved from the Central Bank of Kenya into a fake bank account in the name of Makuyu County Council then withdrawn disguised as payments for services rendered to the Council and flowing back to the masterminds of the scheme, 1st-3rd defendant and 6th defendant.
After a full trial, the Court held that the Anti-Corruption Commission had proved that there was a fraudulent scheme that had been hatched by the 1st-3rd defendants and 6th defendant to embezzle public funds by diversifying the funds for personal use; all the defendants benefitted from the loot. The Court therefore ordered the defendants to pay the state $ 280,000 that was embezzled and the 7th defendant surrenders the motor vehicle that had been purchased using the proceeds and registered in her name.
