The Anti-Corruption court on Tuesday, August 30, slapped a former emoloyee of the Kenya Plant Health Inspection Service (KEPHIS) with a Ksh5 million fine or a eight-year prison sentence for using fake certificates to secure his plum job.
The ex-Assistant Inspector was found guilty of fraud for unlawfully obtaining academic certificates, which he used to secure a position at KEPHIS.
The Court was informed that the individual deceitfully claimed on his job application to have qualifications from Baraka Agricultural College and Kilifi Institute of Agriculture which were ultimately proven to be fraudulent.
Chief Magistrate Thomas Nzyoki sentenced the individual to either a Ksh100,000 fine or 12 months’ imprisonment for the fraudulent acquisition of academic certificates. Additionally, the Court ordered a repayment of Ksh4,746,834.38—the total salary earned at KEPHIS—or a five-year prison term if the repayment is not made.
The fraudulent activities spanned from June 26, 2013, to April 24, 2021, during which the employee was paid a salary based on the forged credentials. Prosecutor Susan Keli proved that the employee had deceived KEPHIS into accepting his false qualifications, resulting in the unlawful appropriation of public funds.
Alongside the main fraud conviction, the former KEPHIS employee was also convicted on two counts of providing false information to a public entity. These charges were drawn from his false declarations on the employment application where he claimed that he possessed a Diploma in Sustainable Agriculture and Rural Development and a Certificate in Agriculture with Distinction. Both were discovered to be fabricated and hence made him liable to a fine of Ksh200,000 or a two-year prison term.
The Ethics and Anti-Corruption Commission (EACC) launched its investigation after a complaint was filed by the KEPHIS Managing Director on June 8, 2021. The complaint, which questioned the authenticity of the employee’s academic credentials, led to a comprehensive inquiry by the EACC.
The investigation revealed that the employee had fabricated several documents, including his Diploma in Sustainable Agriculture and Rural Development, Certificate in Agriculture from Kilifi Institute of Agriculture, and a Kenya Certificate of Secondary Education (KCSE) with a mean grade of C. He used these forged credentials to secure his role at KEPHIS, where he illicitly earned over Ksh4.7 million in salary.
The Office of the Director of Public Prosecutions (ODPP), after a thorough investigation, confirmed the findings of the EACC, leading to the employee’s arrest on 12 charges including embezzlement, false statements, and forgery. The case was officially filed with the Anti-Corruption Court in Milimani on May 25, 2023.
Throughout the trial, the Court examined evidence indicating that on February 8, 2013, the employee intentionally provided false details on his KEPHIS job application. This deceit involved multiple fictitious qualifications, all designed to unlawfully gain employment.
The former employee was acquitted of four forgery charges due to insufficient evidence regarding the chain of custody but was convicted on the remaining counts of fraudulent acquisition and providing false information. His sentences will be served consecutively, starting from the judgment date of July 30, 2024.
This development comes as the government intensifies efforts to combat fake academic credentials in the public sector. Individuals found with fraudulent documents are facing legal repercussions. Reports indicate that some government employees have resigned to avoid arrest, but the EACC has vowed to pursue them, demanding salary refunds or face imprisonment.
