A senior National Government Constituencies Development Fund (NG-CDF) official has been convicted over procurement irregularities linked to a Ksh19 million public project in Malindi, adding to growing concerns about accountability in the management of public funds.
The conviction follows a decision by the Malindi Chief Magistrate’s Court, which found both the NG-CDF constituency fund account manager and a private contractor guilty after hearing evidence presented by the prosecution.
The Director of Public Prosecutions (DPP) said the case involved the irregular award of a contract for the construction of a public education office block.
According to the court, the NG-CDF official failed to follow procurement procedures when awarding the tender. The court established that the official approved the contract without first obtaining the mandatory professional opinion required under procurement laws. Such opinions are meant to ensure that public projects are awarded fairly, transparently and in accordance with the law.
The prosecution relied on testimony from more than 10 witnesses during the trial. The court found the evidence credible and ruled that the prosecution had proved its case beyond a reasonable doubt. Defence arguments presented by the accused were dismissed.
As a result of the conviction, the NG-CDF official was fined Ksh400,000. If the fine is not paid, the official will serve six years in prison.
The private contractor involved in the case was also found guilty on multiple charges. The court convicted the contractor on three counts of forgery and one count of presenting a false document during the tender application process.
Investigations revealed that forged professional qualifications and financial records had been submitted in support of the bid for the public project.
The contractor was fined Ksh200,000 for each of the four counts. Failure to pay the fines will result in a two-year prison sentence for each count, with the sentences running concurrently.
Both convicts have been granted 14 days to challenge the convictions and sentences through an appeal.
The case shines a spotlight on the risks that arise when procurement rules are ignored. Public procurement is designed to protect taxpayers’ money and ensure projects are delivered by qualified and legitimate contractors. When procedures are bypassed or documents are falsified, public resources can be exposed to misuse and intended beneficiaries may lose out.
The conviction also comes at a time when NG-CDF operations continue to face scrutiny from various quarters over allegations of financial mismanagement, corruption and political interference.
The court’s decision sends a clear message that public officials and contractors can be held accountable when procurement laws are violated and public funds are put at risk.
