A former Kenya Electricity Generating Company (KenGen) employee has been sentenced to pay Sh16 million or serve 11 years in prison after being convicted of using forged academic and disability documents.
David Mogire Nyabuti was convicted by the Anti-Corruption Court after prosecutors led by Naomi Isoe proved that he fraudulently obtained public property and presented false documents.
Senior Principal Magistrate C. Okore ordered Nyabuti to pay Sh14.95 million in compensation for the public funds he obtained through fraud. He will serve five years in prison if he fails to pay.
He was also fined Sh900,000 for the same offence, with a two-year prison term in default.
Nyabuti was further fined Sh200,000 on each of two counts of uttering false documents under Section 353 of the Penal Code. Each fine carries a two-year prison term if unpaid.
The sentences will run concurrently.
The court heard that Nyabuti joined KenGen as a Craft Grade III employee in August 2003 and remained with the company until he resigned in September 2018.
Prosecutors said he used a forged Kenya Certificate of Secondary Education (KCSE) certificate to secure the job.
Nyabuti had sat his KCSE examination in 1994 at St Paul’s Igonga Secondary School, where he obtained a mean grade of D- from eight subjects.
But the certificate he presented to KenGen showed a mean grade of C-, according to evidence presented in court.
The prosecution said the forged certificate enabled him to secure employment and receive salaries and benefits totalling Sh14,946,118.82.
The court also found that Nyabuti fraudulently obtained a disability certificate from the National Council for Persons with Disabilities.
The certificate enabled him to claim tax exemptions between July 2014 and September 2018.
Nyabuti resigned after KenGen asked him to produce his original academic certificates, the court heard.
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