Former PS Rebbecca Nabutola found guilty of Sh 8.9 million fraud

Former Tourism Permanent Secretary Rebecca Nabutola and former Kenya Tourism Board boss Achieng Ong'ong'a have been ordered to pay a Sh500,000 fine each or serve jail for one year each after losing an appeal against their conviction for defrauding the ministry of Sh8.9 million. PHOTO: GEORGE NJUNGE/STANDARD

NAIROBI: Former Tourism Permanent Secretary Rebecca Nabutola and ex-Kenya Tourism Board Managing Director Achieng’ Ongo’nga’ on Thursday lost a bid to have their conviction over Sh8.9 million fraud charges dropped.

High Court judge Ngenye Macharia upheld their conviction over wilful failure to comply with procurements laws and ordered they serve a jail sentence of one year or pay a fine of Sh500,000.

Nabutola and Ong’ong’a were both jailed in 2012 after they were found guilty of defrauding the ministry and ordered to serve a jail term serve three years in prison.

After serving three months in prison, the duo moved to court and successfully got a reprieve after justice Musaga Mbogholi released on a Sh500,000 cash bail their  appeal of their four year jail sentence.

Justice Macharia cancelled their earlier bond terms and directed that they either pay the fine or the sentence.

In her judgment on Thursday justice Macharia noted that Nabutola  as the accounting officer was aware of how the money was lost while Ong’onga’ , she said,  single sourced for the tour  company that coordinated a visit to the Maasai Mara by President Mwai Kibaki and other top government officials.

“As Managing director, Ong’ong’a was required to give the ministry the cost of the tour .initially he gave an estimate of Sh 1 million but later indicated that the cost was to be Sh8.9 million . This shows there was no proper accounting of the money that was spent,” justice Macharia said.

Their co accused, tour Operator Duncan Muriuki went home a happy man after all the charges levelled against him were quashed.

He had been accused of   conspiracy to defraud the ministry and with the offence of conflict of interest contrary and had been sent to prison for seven years without the option of a fine.

The businessman was also required to pay Sh17.8 million in fines or serve three years in default.

Anti corruption court magistrate Lucy Nyambura also directed Muriuki to refund Sh800,000 to state and a further Sh500,000 to the government failure to which he will serve a further one year in prison.