NYS scam suspect Gethi charged with Sh200m forgery

Businessman Benson Gethi at a Nairobi court on November 24, 2015. PHOTO | FILE  

By BRIAN WASUNA and VINCENT AGOYA

In Summary

• Ben Gethi and his associate, Joyce Makena, are accused of forging documents to secure a Sh200 million tender for the supply of solar lanterns to the IEBC.
• The two are directors in a firm that was contracted to procure 30,000 solar lanterns to the IEBC before the public procurement appeals board reversed the results
• Both Mr Gethi and Ms Makena have denied the charges. The two are currently out on a Sh700,000 bond each.

Businessman Ben Gethi, a key suspect in the Sh791 million theft at the National Youth Service (NYS), is back in the dock charged with a separate corruption case.

Mr Gethi and his associate, Joyce Makena, are accused of forging documents to secure a Sh200 million tender for the supply of solar lanterns to the Independent Electoral and Boundaries Commission (IEBC).

The two are directors in a firm that was contracted to procure 30,000 solar lanterns to the IEBC before the public procurement appeals board reversed the results following complaints from another bidder.

While Ms Makena is not among individuals charged with the theft of the NYS cash, her accounts are among the 20 that were frozen by detectives pending completion of investigations.

Mr Gethi has been charged with conspiracy to defraud the NYS of the colossal amount.

Senior principal magistrate Lawrence Mugambi yesterday set April 12 and 13 as the trial dates for the forgery charges against Mr Gethi and Ms Makena. They two have been slapped with two charges.

“On diverse dates in October 22, 2012 you conspired to commit fraud by changing the tender submitted by Solarmark and as a result the company which was unqualified was awarded the tender.

“On diverse dates between October 22 and 23, 2012, at Anniversary Towers in Nairobi, you jointly conspired to fraudulently alter the substance of a tender submitted by M/S Solarmak Technologies for the supply of solar lanterns for the March 4, 2013 General Election,” the charge sheet reads.

READ: IEBC procurement manager charged with solar lantern tender manipulation

Both Mr Gethi and Ms Makena have denied the charges. The two Solarmark directors are currently out on a Sh700,000 bond each.

They have been charged alongside IEBC employees Adan Katelo, Kennedy Ochae, Abdi Elama Ali, Gabriel Mutunga and Willie Kamanga who have all denied a charge of conspiracy to commit a felony.

The procurement appeals board reversed IEBC’s award of the Sh200 million lanterns tender to Solarmark after Konnexion Systems argued that the Ben Gethi-owned firm breached procurement rules.

The lanterns trial comes as Mr Gethi fights for his freedom in the Sh791 million NYS case.

An interim report by the Banking Fraud Investigation Unit (BFIU) in September last year revealed that Mr Gethi may have been the biggest beneficiary of the NYS scam, having used the money to buy several assets through proxies.

The parcels of land, homes and vehicles Mr Gethi allegedly bought with the NYS proceeds are registered to his family, business associates and lawyers.