Anti-Corruption Commission
Government Financial Management
Lawrence Mugambi
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Accounts boss fined Sh16m for stealing

Published Tue, May 15th 2018 at 00:00, Updated May 15th 2018 at 00:05 GMT +3

An accountant has been fined Sh16 million by a Nairobi court for stealing Sh3.8 million in public funds.

Nairobi Anti-Corruption Court Principal Magistrate Lawrence Mugambi ruled that the prosecution had proved beyond reasonable doubt that Wycliff Marege Mitema misappropriated the money while working as a district accountant in Makueni.

The magistrate ruled that the best penalty was to make the accountant pay five times more than what he stole.

“It has been proved beyond doubt the offences the accused is alleged to have committed. I find him guilty of fraudulently and unlawfully acquiring public property contrary to Section 48(2)(b) of the Anti-Corruption and Economic Crimes Act and sentence him accordingly,” ruled Mr Mugambi.

Should Mr Mitema fail to pay the fine, he will serve four years in jail for the offence of unlawfully acquiring Sh3,804,931, which came into his possession in 2010.

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The Anti-Corruption and Economic Crimes Act provides that if the conduct that constituted the offence resulted in both a benefit and loss, the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.

On the second count of willfully failing to comply with the Government Financial Management Act, Mitema was convicted and ordered to pay a fine of Sh500,000 or serve a one-year jail term.

The case was investigated by the Ethics and Anti-Corruption Commission (EACC) in 2012.

Investigations into the loss were launched in 2009 after a report by the Makueni District Internal Auditor was referred to EACC for further action. Investigations revealed that Mitema had advanced himself money fraudulently by failing to submit the required imprest vouchers.


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