upepo
Elder Lister
By ANNETTE WAMBULWA
D-Friable Court Reporter
NYS suspect Ben Gethi found guilty of forgery in IEBC tender case
Mugambi ruled that the prosecution had proved they committed the offences.
In Summary
-“I have no doubt that Gethi and Makena participated in this tender by providing false documents to IEBC,” the court ruled.
-“The two uttered the documents which they knew were false. The prosecution has proved beyond reasonable doubt failure to comply with the law relating to procurement,” Mugambi ruled.
NYS CASE Ben Gethi, an accused in the sh.791million NYS case in court. The case did not proceed and was adjourned to Wednesday on June 21,2021
NYS prime suspect Benson Gethi was Monday found guilty of forging documents that his company used in the tendering for IEBC Solar Lanterns worth Sh105 million in the 2013 polls. Gethi was convicted alongside his co-director Joyce Makena by Milimani Anti-Corruption chief magistrate Lawrence Mugambi. Also convicted alongside the two are three former IEBC employees Gabriel Mutunga, Kennedy Ochae and Willie Kamanga.
Mugambi ruled that the prosecution had proved beyond all reasonable doubt that they committed the offences.
On Gethi and Makena, the court said they are guilty of presenting fake documents to IEBC to secure the tender to supply solar lanterns to IEBC. He dismissed Gethi’s defence that he had nothing to do with the company named Solarmak Ltd. “If he has nothing to do with the company, then why would he be found with documents belonging to the said company and which related to the tender in question?” Mugambi posed. He further ruled that the accused were aware of that tender and they participated in the review at PPRAB as directors so they cannot run away from it. “I have no doubt that Gethi and Makena participated in this tender by providing false documents to IEBC,” the court ruled. The court also found that the two were responsible for uttering the false document to IEBC while well aware that they were false. “The aim was to lie to IEBC that the said company was qualified to participate in that tender while it was not,” the court ruled.
Mugambi further ruled that a crime was committed for the direct benefit of the company through the two accused who were its directors and so they are both culpable. “The two uttered the documents which they knew were false. The prosecution has proved beyond reasonable doubt failure to comply with the law relating to procurement,” Mugambi ruled. On the three IEBC officials who were working in the procurement department, the court found them guilty of colluding to change a tender document and careless failure to comply with procurement laws.
Mutunga and Ochae were found guilty of both two counts with the court ruling that the “the disparity of what was recorded in the opening tender register and what was presented to the evaluation committee is sufficient proof that tampering did occur. "Mutunga was the mastermind who interfered with the tendering process, he was the one who took the document to the evaluation committee where he was the secretary,” the court said.
According to court, Mutunga was the mastermind and the principal perpetrator in the scheme to interfere with the tendering process and the plan was conceived at the evaluation stage where he played a critical role as a secretary
The court further noted that Mutunga incorporated Ochae in the criminal scheme as he was an inexperienced fresh employee who could easily be swayed. “The freshman who became an accomplice in Mutunga’s grand scheme had barely served three weeks in the company and was extremely vulnerable,” he said. However, the court said ignorance of the law was not a defence as he was also culpable and therefore guilty of the offence. Gethi's company Solarmark bid to supply lanterns valued at Sh127 million while a competing company, Konnexions Systems Ltd, had offered to provide the lamps for Sh107 million. The prosecution alleged that Solarmak's tender documents were later altered to read Sh105 million being the lowest bidder and thats how they were awarded the tender.
D-Friable Court Reporter
NYS suspect Ben Gethi found guilty of forgery in IEBC tender case
Mugambi ruled that the prosecution had proved they committed the offences.
In Summary
-“I have no doubt that Gethi and Makena participated in this tender by providing false documents to IEBC,” the court ruled.
-“The two uttered the documents which they knew were false. The prosecution has proved beyond reasonable doubt failure to comply with the law relating to procurement,” Mugambi ruled.
NYS CASE Ben Gethi, an accused in the sh.791million NYS case in court. The case did not proceed and was adjourned to Wednesday on June 21,2021
NYS prime suspect Benson Gethi was Monday found guilty of forging documents that his company used in the tendering for IEBC Solar Lanterns worth Sh105 million in the 2013 polls. Gethi was convicted alongside his co-director Joyce Makena by Milimani Anti-Corruption chief magistrate Lawrence Mugambi. Also convicted alongside the two are three former IEBC employees Gabriel Mutunga, Kennedy Ochae and Willie Kamanga.
Mugambi ruled that the prosecution had proved beyond all reasonable doubt that they committed the offences.
On Gethi and Makena, the court said they are guilty of presenting fake documents to IEBC to secure the tender to supply solar lanterns to IEBC. He dismissed Gethi’s defence that he had nothing to do with the company named Solarmak Ltd. “If he has nothing to do with the company, then why would he be found with documents belonging to the said company and which related to the tender in question?” Mugambi posed. He further ruled that the accused were aware of that tender and they participated in the review at PPRAB as directors so they cannot run away from it. “I have no doubt that Gethi and Makena participated in this tender by providing false documents to IEBC,” the court ruled. The court also found that the two were responsible for uttering the false document to IEBC while well aware that they were false. “The aim was to lie to IEBC that the said company was qualified to participate in that tender while it was not,” the court ruled.
Mugambi further ruled that a crime was committed for the direct benefit of the company through the two accused who were its directors and so they are both culpable. “The two uttered the documents which they knew were false. The prosecution has proved beyond reasonable doubt failure to comply with the law relating to procurement,” Mugambi ruled. On the three IEBC officials who were working in the procurement department, the court found them guilty of colluding to change a tender document and careless failure to comply with procurement laws.
Mutunga and Ochae were found guilty of both two counts with the court ruling that the “the disparity of what was recorded in the opening tender register and what was presented to the evaluation committee is sufficient proof that tampering did occur. "Mutunga was the mastermind who interfered with the tendering process, he was the one who took the document to the evaluation committee where he was the secretary,” the court said.
According to court, Mutunga was the mastermind and the principal perpetrator in the scheme to interfere with the tendering process and the plan was conceived at the evaluation stage where he played a critical role as a secretary
The court further noted that Mutunga incorporated Ochae in the criminal scheme as he was an inexperienced fresh employee who could easily be swayed. “The freshman who became an accomplice in Mutunga’s grand scheme had barely served three weeks in the company and was extremely vulnerable,” he said. However, the court said ignorance of the law was not a defence as he was also culpable and therefore guilty of the offence. Gethi's company Solarmark bid to supply lanterns valued at Sh127 million while a competing company, Konnexions Systems Ltd, had offered to provide the lamps for Sh107 million. The prosecution alleged that Solarmak's tender documents were later altered to read Sh105 million being the lowest bidder and thats how they were awarded the tender.
