This took place only days after the same court fined former Home Affairs PS Sylvester Mwaliko Sh3 million fine or three years in jail over crimes related to the Sh7 billion Anglo Leasing twin-tenders.
Nairobi Chief Magistrate Lucy Nyambura handled both cases, although she only heard the evidence of the defence in the Nabutola’s team’s case after her predecessor, Cecilia Githua was promoted to serve as Judge.
Nyambura is one of the specially gazetted magistrates assigned to corruption cases.
The convictions make the three signatures appended to KTB approval documents the most “expensive” for a State officer so far in Kenya’s jurisprudence.
The sentencing also bore another nightmare for the three — it broke their careers in public sector spanning decades, and if upheld should they appeal, will render them unemployable in future.
In addition to the four years without the option of a fine, Nabutola will also pay a Sh1 million fine for abusing her office and violating procurement laws failure to which she will serve another two years in jail.
Ong’ong’a was handed a sentence of three years without the option of a fine for the same conspiracy and will pay Sh1.5 million for breaking procurement regulations and fraudulently paying Sh8.9 million to a tour company, Maniago Safaris, linked to Muriuki.
But it was the sentence against Muriuki, who is Maniago’s managing director that left the court audience speechless.
Muriuki, also a director of the KTB board, was jailed for four years for conspiracy to defraud the ministry and the board. He was handed another three years for fraudulently receiving Sh8.9 million from KTB and another fine of Sh500,000 for receiving Sh400,000 from the ministry.
In addition, Muriuki will pay the mandatory fine of Sh17.8 million for the fraud against KTB and Sh800,000 for the offence against the ministry.
The anti-corruption laws have punitive provisions in cases where public funds fraudulently end in one’s pocket because it provides for a mandatory fine worth double the amount stolen.
Nabutola broke down as female court orderlies ushered her out of the packed courtroom and handed her over to prison warders for the journey to Langata Women’s Prison.