The anti-corruption commission wants to recover Sh11 million from a junior officer in the Ministry of Education who is accused of creating a ghost school and receiving government disbursements.
Court documents filed by the Ethics and Anti-Corruption Commission (EACC) show that Mr Joshua Ocharo Momanyi created a fake public school and opened a bank account, which received capitation funds for one year before the fraud was detected.
He used the money to buy two plots in Mavoko and Komarock in Machakos County and an expensive motor vehicle.
He works as a clerical officer at the State Department of Early Learning and Basic Education and he is based at the ministry’s headquarters Nairobi.
His duties included data entry from forms submitted by sub-county directors of education.
“He was responsible for preparing schedules containing details of the schools such as the number of students, account details and what each school was to receive based on the enrolment data provided by the schools through the Sub-County Directors of Education,” the EACC alleges.
Between August 2017 and June 2018, while preparing schedules of schools that were to benefit with free day secondary education funds, Mr Momanyi inserted the name of a non-existent secondary school called Mundeku Secondary School in Khwisero sub-county, Kakamega County. He also provided the bank account of the fake school.
As a result, he fraudulently received disbursements from the ministry amounting to Sh11,131,305 in his personal account at Equity Bank.
This was at the expense of the children of Kenya, who are the beneficiaries of free education, the EACC says in court papers.
“A summary of all the banks through which the funds were to be paid from was prepared detailing what each bank was to receive from the Ministry of Education account held at Central Bank of Kenya (CBK) which was attached with funds requisition/approval forms,” the EACC says.
“Payment vouchers were then prepared and approved before funds transfer was effected at the CBK through IFMIS system.”
He also operated another account at the Kakamega branch of KCB Bank and transferred some money received from the ministry at Equity Bank to the KCB account.
Investigations established that some of the proceeds were used to purchase two parcels of land in Donyo Sabuk/Komarock and Mavoko town. He paid for the properties from the funds at the KCB and Equity Bank accounts, respectively.
To prove that the transactions were made, the EACC intends to show in court sale agreements, funds transfer forms, certificates of official search and deposit slips as evidence.
Mr Momanyi also allegedly purchased a motor vehicle with registration number KCP 186L from Kencarz Ltd for Sh2.5 million payable in instalments. When the investigations began, he had paid Sh2,350,000.
In the suit filed at the Milimani anti-corruption court, EACC wants to recover the public funds.
In the suit filed at the Milimani anti-corruption court, EACC wants to recover the public funds.
Alternatively, it wants the court to order that the two land parcels purchased by Mr Momanyi are proceeds of crime and are therefore liable for forfeiture to the government.
The EACC also wants Mr Momanyi directed to return to the government Sh7.4 million that remained after he purchased the two parcels of land.
The case is pending.