Two former IEBC officials sentenced over forged academic certificates

Two former Independent Electoral and Boundaries Commission (IEBC) employees have been sentenced for using forged academic certificates to unlawfully secure employment and career advancement.

In two separate decisions rendered by the Milimani Anti-Corruption Court, former IEBC officials Purity Mwaniki Wanja and Luka Musamali Mukimi were convicted after the court found they had presented fake academic credentials to obtain public employment and promotion.

Mukimi was sentenced to pay a fine of Sh110,000 after he was convicted of deceiving his employer and uttering a false university degree certificate in a bid to secure a promotion within the electoral commission.

Chief Magistrate Harrison Barasa sentenced him to pay a fine of Sh70,000 on the first count, in default to serve one year in prison, and a fine of Sh40,000 on the second count, in default to serve six months imprisonment.

In sentencing Mukimi, the court said it had considered both the seriousness of the offences and the mitigating circumstances presented by the defence.

"The accused person has been convicted on Counts I and II. Before passing sentence, I have carefully considered all the relevant circumstances of this case, the mitigation advanced by learned defence counsel, the prosecution's response, and the applicable sentencing principles set out in the Sentencing Policy Guidelines, 2023," Magistrate Barasa ruled.

The court noted that Mukimi was a first offender who had expressed remorse and had no previous criminal record.

"The accused is a first offender. The prosecution has confirmed that he has no previous criminal record. I have also taken into account his expression of remorse, his personal circumstances, and the plea by his counsel that the court should impose a non-custodial sentence," the magistrate said.

The court further observed that although the offences involved dishonesty, there was no evidence that the convict had obtained any quantifiable financial benefit through the forged certificate.

"I further note that although the offences involved dishonesty, the prosecution confirmed that the accused did not derive any quantifiable financial benefit from the offending conduct."

The magistrate concluded that the objectives of punishment, deterrence and rehabilitation would be adequately achieved through fines.

"Having weighed the aggravating and mitigating factors, I am satisfied that the objectives of sentencing, particularly punishment, deterrence, and rehabilitation, will be adequately met through the imposition of fines."

The court then ordered:"On Count I, the accused shall pay a fine of Sh70,000, and in default shall serve one (1) year imprisonment. While on Count II, the accused shall pay a fine of Sh40,000, and in default shall serve six (6) months imprisonment."

Immediately after sentencing, the defence successfully applied to have the Sh200,000 cash bail deposited during the trial applied towards payment of the fines, with the remaining Sh90,000 ordered refunded to the depositor. 

The court also directed that Mukimi's original academic documents produced as exhibits during the trial be released after the prosecution raised no objection.

Mukimi had earlier been convicted following a full trial after the court found that he had presented a forged Bachelor of Arts in Social Studies (Public Administration) degree certificate, purportedly issued by Moi University, in support of his application for promotion from Constituency Office Clerk to Constituency Elections Assistant.

He was convicted of deceiving a principal and uttering a false document but acquitted on the charge of forgery.

In a separate matter, former IEBC Constituency Office Clerk Purity Mwaniki Wanja was convicted after the court adopted a plea bargain agreement in which she admitted forging a Kenya Certificate of Secondary Education (KCSE) certificate purportedly issued by the Kenya National Examinations Council (KNEC) to secure employment with the electoral commission in July 2012.

Wanja pleaded guilty to three counts of fraudulent acquisition of public property, forgery and presenting a forged certificate. The court convicted her on her own plea of guilty and ordered her to pay Sh1.6 million, comprising Sh1.5 million in compensation and fines of Sh50,000 each on the forgery and uttering charges.

The convictions follow investigations by the Ethics and Anti-Corruption Commission (EACC), which established that both former officials fraudulently used forged academic certificates to gain public employment and career advancement.

The anti-graft agency said the convictions demonstrate its continued commitment to protecting the integrity of recruitment and promotion in the public service, warning that the use of forged academic or professional certificates to obtain public employment or any other public benefit remains a criminal offence.