EX- National Youth Services (NYS) bosses have been sentenced to prison without a fine option. A former Head of Procurement boss at the National Youth Service has been sentenced to 7 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, the Office of the Directorate of Public Prosecutions in a statement posted in their socials on November 6, stated that Hendrick Nyongesa has been 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 ODPP statement read in part.
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.
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Finance Director Senteced
At the same time, the court also sentenced former NYS Director of Finance, Samuel Wachenje, to 5 years imprisonment without the option of a fine.
Moreover, the Court ruled that Wachenje and Nyongesa, between the 1st of December, 2014, and the 5th of June, 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 National Youth Service.
The sentences were read to the victims by Hon. Wandia Nyamu on behalf of Justice Wendy Kagendo.
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NYS Bosses Verdict
On October 31, 2024, the two NYS bosses received a verdict at the Milimani Anti-corruption Court by Magistrate Wendy Kagendo. Samuel Wachenje and Hendrick Nyongesa Pilisi were convicted of fraudulent payments, that resulted in a loss of Sh791 million.
The fraudulent act that took place in 2015 involved a road construction project at the National Youth Service facility located in Kibera. The verdict was reached after the office of the ODPP presented a convincing case against the two former bosses.
The case against them involved testimony from 41 witnesses, including former NYS Senior Deputy Director-General Adan Harakhe and Nixon Oborah, the acting Chief Finance Officer at the State Department for Planning in the Ministry of Devolution and Planning.
Moreover, according to the media reports the two accused breached trust by approving payments without the necessary Ministerial Tender Committee approval.
The provided evidence revealed that they approved payments for goods and services that were never delivered or their value was grossly inflated.
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