The Ethics and Anti-Corruption Commission (EACC) has obtained court orders authorizing the recovery of Ksh.11.1 million, in cash and assets, fraudulently acquired by a Ministry of Education employee on diverse dates between August 2017 and June 2018.
Joshua Momanyi Ocharo, who works for the State Department of Early Learning and Basic Education within the ministry, reportedly set up a fictitious school before directing government funds intended for Free Day Secondary Education (FDSE) to the non-existent institution he claimed was located in Khwisero, Kakamega County.
In his role as a Clerical Officer within the aforementioned department, Ocharo was entrusted with the duty of creating the FDSE funds distribution schedule.
“EACC has won a case it had filed in the High Court to recover Ksh.11,131,305.53 from one Joshua Momanyi Ocharo,” a source at EACC told Citizen Digital.
“Momanyi created a ghost school called ‘Mundeku Secondary School and added its name in the payment records, and always inserted his personal bank account number, 0520191315774 held at Equity Bank, Nyamira Branch against the ghost school for purposes of processing of payments between 22nd August 2017 and 18th June, 2018.”
After receiving the said cash, the suspect reportedly transferred Ksh.3.4 million into his KCB account which he later used to procure two parcels of land in Donyo Sabuk and Mavoko valued at Ksh.830,000 and Ksh.980,000 respectively.
He similarly bought a Toyota Vanguard motor vehicle for Ksh.2,350,000.
“Although Ocharo embezzled Ksh.11,131,305.53, the Commission’s case focused on the recovery of Ksh.9,231,305.53, which had been unlawfully deposited into his personal bank account as a result of the fraudulent activities,” added the EACC source.
“A sum of Ksh.1,900,000 was relinquished by Ken Carz Limited, which represented a portion of the amount Ocharo had paid towards the purchase of a Toyota Vanguard vehicle.”
When issuing the ruling on October 5, Milimani High Court Judge Nixon Sifuna declared that Ocharo had fraudulently received the said cash while decreeing that the two parcels of land he bought be handed over to the State.
“Land parcels L.R No. Donyo Sabuk/ Komarock Block 1/78331 and Mavoko Town Block 3/66539 are proceeds of crime having been purchased with stolen public funds, and therefore liable for forfeiture to the Government of Kenya,” ruled Justice Sifuna.
“The defendant should pay Kes. 7,421, 305.53 being the amount that he retained after purchase of the above parcels of land. Interest to be paid at court rates (12)% from the time of the loss.”