, NAIROBI, Kenya, May 14 – An Anti-Corruption Court in Nairobi has fined an accountant Sh16.5 million after being found guilty of fraudulently acquiring Sh3.8 million in the course of his duties as a District Accountant in Makueni nine years ago.
Anti-Corruption Court Magistrate Lawrence Mugambi found Wycliff Marege Mitema guilty of obtaining the said amount of money between October 2008 and September 2009 when Mitema advanced himself unauthorized imprest.
Mitema faced three counts namely unlawful acquisition of public property, failure to comply with guidelines relating to the management of public funds and abuse of office in a case investigated by the Ethics and Anti-Corruption Commission in 2012.
In respect to the first count, Mitema will serve a four-year jail term should he fail to pay a mandatory Sh15 million fine for unlawfully acquiring Sh3.8 million from public coffers.
The magistrate further imposed a one-year jail term should Mitema fail to pay an additional Sh1 million.
On the second count, Mitema will serve another year in prison for failure to adhere to regulations on management of public funds should he fail to pay a Sh500,000 fine.
Mitema was discharged on the third count of abuse of office.
The Anti-Corruption Court imposed the mandatory sentence of the fine in line with section 48(2) (b) of the Anti-Corruption and Economic Crimes Act.
The Act provides if the conduct that constituted the offence resulted in both a benefit and loss described in the subsection, the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.
The magistrate said the evidence adduced by the prosecution had proved beyond doubt that Mitema unlawfully acquired public funds.