Businessman loses bid to quash Sh900m fine for looting Youth Fund
Thursday February 16 2023
The High Court has upheld the conviction of businessman Mukuria Ngamau who was fined Sh900 million last year for looting public funds.
Mr Ngamau was found guilty of stealing Sh180 million from Youth Enterprise Development Fund and sentenced to 27 years in jail or pay the fine.
The businessman, the director of Quorandum Ltd, appealed the conviction and sentence at the High Court, arguing that the magistrate court failed to analyse the evidence properly and made a wrong decision.
But Justice Esther Maina said Mr Ngamau received payment for a tender awarded to another company.
The court only quashed his conviction on charges of conspiracy to commit an economic crime, saying the trial court acquitted other accused persons charged alongside him, therefore, the charge could not stand.
“In regards to other charges, the court finds that the appeal cannot succeed,” the judge said.
Mr Ngamau was found guilty of several counts of unlawful acquisition of public money and making false documents. He committed the offences in Nairobi between November 17, 2014, and May 4, 2015.
Evidence showed that Mr Ngamau and his trading company received the money without rendering any services and after forging contract documents to provide ICT consultancy services.
On count two of the acquisition of public money, the court fined him Sh442.8 million or a seven-year jail term.
He was also slapped with a mandatory fine of Sh257 million, or seven years in prison in default and three years each for making a false document.
The court also directed him to refund the Sh180 million, which had been paid to his firm irregularly.
Read: How Sh180 million stolen from Youth Fund was spent
Mr Ngamau had been charged with former Youth Fund chief executive officer Catherine Namuye and chairman Bruce Odhiambo, but both passed on while the case was pending in court.
The court also acquitted Doreen Ng’ang’a.
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