Ex-officials lose appeal in Sh8.9m case

Former Tourism Permanent Secretary Rebecca Nabutola and ex-Kenya Tourism Board boss Achieng Ong’ong’a on Thursday lost an appeal to quash their conviction for the loss of Sh8.9 million in the ministry.

They were ordered to pay fines of Sh500,000 each or serve a year in jail.

Appeals Court judge Grace Macharia penalised the two on a charge of wilful failure to follow procurement rules but quashed earlier sentences for conspiracy to defraud.

Mr Duncan Muriuki, a tour operator who was convicted alongside the former government officials and had been sentenced to seven years in jail without the option of a fine, was however set free by Justice Macharia.

The judge overruled a magistrate’s verdict in which Mr Muriuki had been ordered to refund Sh800,000 to the government or serve an additional year in jail.

She ruled that the prosecution had not proved any case against the businessman.

The three were charged in May 2009 following recommendations by the then Kenya Anti-Corruption Commission (now the Ethics and Anti-Corruption Commission, EACC).

The case involved investigations into illegal payments to a tour company that coordinated a visit to the Maasai Mara Game Reserve by former President Mwai Kibaki and some other top government officials.

According to the prosecution, procurement procedures were flouted in awarding the tender to the firm.