Kibunjia denies Sh441m ghost worker charges

Former Director General of National Museums of Kenya (NMK) Mzalendo Kibunjia and four others were yesterday charged for allegedly paying Sh441 million as salaries to ghost workers

Kibunjia who appeared before Senior Principal Magistrate Dr Victor Wakumile of Milimani Anti-Corruption Court is charged alongside his former colleagues including the Director, human resource and administration Stanvas Ongalo Opijah, ICT officer- payroll section Oliver Okinyi Rabuor, accountant, payroll section Wycliffe Odhiambo Ongata, and accountant Oscar Mwaura Wambu.

All the accused denied ten counts including conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 of Anti-Corruption and Economic Crimes Act (ACECA), abuse of office contrary to section 46 as read with section 48 of ACECA and unlawful acquisition of public property contrary to section 45(1)(a) as read with section 48 of ACECA.

The magistrate ordered each of them to be released on a bond of Sh10 million or cash bail of Sh5 million after a team of lawyers led by Duncan Oketch applied for  bail.  They were also ordered to deposit their passports in court pending pre-trial on May 2.

Proceeds of crime

According to the prosecution the monies were paid to ghost workers between 2015 and 2022. Other charges included acquisition of proceeds of crime, anti- money laundering, and financial misconduct contrary to section 197(1)(i) as read with section 199 of the Public Finance Management Act (PFMA).

The first court stated that between January 2016 and February 2022 within Nairobi City county the accused persons being public officers employed by National Museum of Kenya to wit the Director General, the Director Human Resources and Administration, Payroll ICT Officer and Payroll Accountant respectively and a private individual conspired to commit a corruption offence namely embezzlement of Sh441,392,075 being public funds fraudulently paid as salaries and gratuity to persons purportedly employed by the institution. 

Public funds

Ongalo, Rabour, Ongata and Mwaura were separately charged with conspiring to embezzle public funds amounting to Sh49,885,476.

Kibunjia separately charged with abuse of office by using his office to improperly confer a benefit of Sh441,392,076 as salaries and gratuity to persons purportedly employed by the Museum.

The decision to charge them follows independent and thorough review of the resubmitted inquiry filed by the Ethics and Anti-Corruption Commission (EACC).

In August last year, EACC said an investigation in the institution had revealed that 105 ghost workers were added to the payroll between 2016 and 2022.

The ghost workers were paid a gross salary of between Sh88,000 and Sh95,000, and they were also able to access loan facilities from a specific bank. The probe further revealed that they later handed over the borrowed amount to NMK officials, and they were given between Sh100,000 and Sh200,000 as appreciation.