BY PHEOBE WANJOHI.
Businessman Benson Gethi Wangui and a relative have been found guilty forging and presenting a false document to the Independent Electoral and Boundaries Commission (IEBC) to win a Sh105 million tender for the supply solar lanterns in 2013.
Also found guilty are three officials of the electoral body, who were accused of failing to safeguard tender documents.
Anti-Corruption Chief Magistrate Lawrence Mugambi ruled that the prosecution had proven the case against the accused persons beyond reasonable doubt.
Gethi was charged alongside Joyce Makena, Adan Katello Adano, Abdi Elema Ali, Kennedy Gaunye Ochae, Gabriel Ngonyo Mutunga, Willy Gachanja Kamanga and Solarmak Technologies Limited.
However, Adano and Ali were acquitted of the charges of conspiracy to commit an offence of corruption. The two were new at IEBC and had only stayed for a few weeks.
“The two were freshmen at the commission and were vulnerable,” the magistrate ruled.
Gethi and Makena were found guilty of forging a tax compliance certificate and a certificate of incorporation for the said company. The two are directors of Solarmak Technologies.
Gethi had defended himself saying the company was registered by his cousin Peter Njoroge in 2008 who requested him to become a director. He denied being involved in the IEBC tender and signing any documents.
However, Gethi could not tell the court who runs the said company. The court found that his defense was not genuine and that he was criminally culpable.
“I find the entire defense by the 6th accused (Gethi) is crafted and not genuine,” the magistrate ruled.
Makena on her part, told the court that she was not involved in the said company and has never traded through it. She said that Solarmak was registered by her step father Njoroge, who made her a director.
She claimed she was not aware of the said tender and only came to know about it when she was charged and that Solarmak was registered in 2008, when she was still a minor.
When asked to substantiate that she was underage by providing an ID, she failed to do so.
The magistrate ruled that a crime was committed and the two directors were criminally culpable.
IEBC officials Ochae (Secretary) Mutunga (Procurement officer) and Kamanga (procurement Manager) were found guilty of colluding to change a tender document. They also faced a charge of careless failure to comply with the law relating to procurement.
According to the court, Mutunga was the mastermind of the crime, having played a big role including incorporating the two freshmen in the scam.
Solarmark Technologies allegedly bid for the supply of lanterns for use at the general election at a cost of Sh127,400,000 but the tender was cancelled.
The court heard that Solarmak Technologies’ tender documents were later altered to read Sh105 million.
