The Ethics and Anti-Corruption Commission has recovered Sh7.5 million fraudulently acquired from the National AIDS Control Council (NACC) by two individuals.
Job Keittany (1st Defendant- deceased) and Michael Chesikaw (2nd Defendant) were herbalists and researchers and the proprietors of a Community-Based Organization known as Par Aid that received a grant from NACC.
The grant was intended for a study to test the effectiveness of herbal medicine in the treatment and management of HIV/AIDS.
This was to be done in partnership with Moi University where the tests were to take place.
The defendants however embezzled the funds and used forged receipts allegedly issued by Moi University to the tune of the amount to account for the funds.
The recovery of the stolen public funds was realized through a civil suit filed by the defunct Kenya Anti-Corruption Commission (KACC) on August 8, 2006, seeking orders to compel the two defendants to pay back the amount together with costs and interest.
Delivering her judgement on June 29, 2023, Justice Esther Maina determined that EACC had proved its case on a balance of probabilities.
She found the 2nd defendant liable to compensate the NACC through EACC Sh7,500,000 plus interest to be calculated from the date of receipt of funds in 2004 at 12 per cent per annum.
The Commission was also awarded costs to be paid by the 2nd defendant because the 1st defendant is now deceased.
In its findings, the High Court concurred with EACC that through a well-orchestrated scheme, the defendants through the entity known as Par Aid (Herbalists and Researchers), opened a bank account for purposes of receiving the grant sum and withdrew the money which they used for personal benefit thereby unjustly enriching themselves at the expense of NACC.