Why wife of businessman slapped with Sh720 million fine was aquitted

Businessman Mukuria Ngamau was fined Sh720 million or 27 years in jail as his wife Doreen Ng’ang’a walked away scott free.

Businessman Mukuria Ngamau

Businessman Mukuria Ngamau made headlines after the anti-corruption court slapped him with a Sh720 million fine or face 27 years in jail.

Ngamau had initially been charged alongside his wife Doreen Waithera Ng’ang’a who was a co-director at Quorandrum Limited which provided ICT consultancy to the Youth Enterprise Development Fund for Sh180 million.

A 2018 article by Business Daily said that Waithera was listed as one of the people who were accused of receiving proceeds of the Sh180 million siphoned from the Youth Enterprise Development Fund.

The Ethics and Anti Corruption Commission on Thursday, September 30 explained that Waithera was acquitted.

On 16 April 2021, the court acquitted Doreen Ng’ang’a under section 210 of the Criminal Procedure Code whilst finding that Mukuria Ngamau and Quorandum Limited had a case to answer. The hearing concluded on 10th September 2021 with the prosecution calling 31 witnesses,” read a statement by EACC.

Section 210 of the Criminal Procedure Code says that if at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or their advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require them to make a defence, the court shall dismiss the case and shall forthwith acquit them.

EACC also broke down the counts which led Chief Magistrate Hon. Douglas Ogoti to hand Ngamau a heavy penalty and jail term.

Count 1: Mukuria Ngamau and Quorandum Limited -

Conspiracy to commit an economic crime contrary to section 47A(3) as read with section 48(1) of the Anti Corruption and Economic Crimes Act (ACECA) No. 3 of 2003. The charge relates to all accused persons. Sentenced to serve 7 years imprisonment with no option of a fine.

Count 2: Mukuria Ngamau and Quorandum Limited

Unlawful acquisition of Public Property Contrary to Section 45 (1) (a) as read with section 48 (1) of the ACECA. Convicted and sentenced to pay a Mandatory fine of Kshs. 442,840,000/=. In default, 7 years imprisonment.

Count 3: Mukuria Ngamau, Doreen Ng’ang’a and Quorandum Limited

Unlawful acquisition of Public Property Contrary to Section 45 (1)(a) as read with section 48(1) of the ACECA. Convicted and sentenced to pay a mandatory fine of Kshs. 258,629,156/=. In default, 7 years imprisonment.

Count 10: Mukuria Ngamau

Making of false document contrary section 347 (a) as read with section 349 of the Penal Code. Convicted and sentenced to 3 years imprisonment.

Count 11: Mukuria Ngamau

Making of false document contrary section 347 (a) as read with section 349 of the Penal Code. Convicted and sentenced to 3 years imprisonment.

The Court invoked Section 51 and 54 of ACECA to order the accused to pay the Fund Kshs. 180,364,789/= in compensation to the Fund.

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