A Milimani Law Court Wednesday sentenced two former National Youth Service (NYS) employees to seven years in jail for Sh791 million fraud in 2015.
They had been charged with conspiracy to defraud.
Hendrick Nyongesa Pilisi was found guilty of making a false document contrary to Section 347(a) as read with Section 349 of the Penal Code, as well as breach of trust by a person employed in public service contrary to Section 127(1) as read with Section 127(2) of the Penal Code.
Samuel Wachenje was convicted of breach of trust under the same provisions.
Nyongesa, a former Head of Procurement at the NYS was sentenced to seven years in prison after he was found guilty of making a false document, contrary to Section 347(a) as read with Section 349 of the Penal Code.
Further, Nyongesa was handed a five-year jail term for breach of trust by a person employed in the Public Service, contrary to Section 127(1) as read with Section 127(2) of the Penal Code.
The court ordered that the sentences run concurrently, without the option of a fine.
Nyongesa was convicted for these actions that took place on December 1, 2014, at an unknown location within the Republic of Kenya.
The court heard that, Nyongesa, together with others not before the court, with intent to defraud, made a false document, namely a Ministry of Public Works Supplies Branch circular, purporting it to be a genuine document issued by the said ministry.
The court also sentenced former NYS Director of Finance, Wachenje, to five years imprisonment without the option of a fine.
The court ruled that Wachenje and Nyongesa, between December 1, 2014, and June 5 2015, at the NYS headquarters in Nairobi, both being persons employed in the Public Service, committed a breach of trust by processing payments that led to the loss of money at the NYS.
The sentences were read by Wandia Nyamu on behalf of Justice Wendy Kagendo.
The saga was one of the most contentious ones as it saw a number of suspects dropped out for alleged lack of witnesses and evidence.
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