Ex-Kisii employee who faked certificates to refund Sh3m

The High Court yesterday ordered a former Kisii ward administrator to refund Sh3.1 million he earned as salary after using fake certificates to secure the job.

Justice Esther Maina allowed the Assets Recovery Agency (ARA) to recover the money from Evans Rambeka after establishing that he used forged documents for the job.

“He answered to an advert by applying for the job and presented those forged certificates…he accepted the employment and withdrew salary knowing very well he did not qualify for the job and was using forged documents,” the judge noted.

The agency, in their suit papers, claimed that Nyaoga, who in 2017 resigned to vie for an MCA position, was paid the money irregularly and he should therefore pay back.

According to ARA, Nyaoga illegally received Sh3,162,452 from the county as salary for the 38 months he worked as a ward administrator and that he had already been found guilty of forgery by a Kisii court in 2019 and therefore should pay back the public funds. “As a result of the facts here there was an occasioned loss of public funds by the county of Kisii and Rambeka illegally benefitted from the salaries and allowances amounting Sh3,162,452,” ARA had argued in court documents.

Judge agreed with the agency, saying the politician was liable because he was charged with the offenses of forgery and uttering those documents and was convicted.

Conviction stands

“So, section 47 of the evidence Act kicks in… the reason being that he never appealed so the conviction still stands,” noted the judge.

Justice Maina further noted that the evidence adduced before the court found that actually those documents were forged.

“The plaintiff (ARA) called witnesses who proved to the satisfaction of the court that on a balance of probability that they were forged and that the defendant produced them to the county government,” Justice Maina noted.

Rambeka, in his defence, claimed that he never applied for the job but was given the appointment letter by the former Kisii Governor James Ongwae.

It was his defence that he worked for the county government of Kisii from 2014 to 2017 and he never presented any forged certificates from KIM.

Judge, however, dismissed his claims, noting that he should have joined the governor to the proceedings for his defense.

“He says the job was imposed on him by a third party but the court notes if that was the case then he should have joined that party in the proceedings,” judge stated.

Rambeka through his lawyer requested the court to suspend the judgement for 45 days pending appeal, saying ARA may start the execution process.

Justice Maina granted a 30 days stay of the judgment.