A Nairobi anti-corruption court has convicted a former Nairobi City Water and Sewerage Company (NCWSC) employee for fraudulently obtaining employment and earning millions of shillings in salary using a forged university degree certificate.
Senior Principal Magistrate Celesa Asis Okore found Okandah William John guilty of fraudulently acquiring public property, uttering a false document, and deceiving his employer by falsely claiming to hold a Bachelor of Commerce degree from the University of Nairobi.
The court, however, acquitted him on a separate charge of forgery, finding that the prosecution had failed to prove that he personally forged the disputed certificate.
In the judgment delivered at the Milimani Anti-Corruption Court on May 28, the magistrate held that the prosecution had proved beyond reasonable doubt that Okandah used a fake degree certificate to secure employment as a Revenue Collection Assistant at NCWSC and subsequently received salaries amounting to Sh4.75 million.
According to court records, Okandah was employed by NCWSC on August 3, 2016, and served in the position until November 2023. The case arose after NCWSC undertook a verification exercise of employees' academic qualifications as required under public service regulations.
The company forwarded copies of employees' certificates to relevant institutions, including the University of Nairobi, for authentication. Evidence presented in court showed that the university reviewed 162 degree certificates submitted by NCWSC and found that three were not genuine. Okandah's certificate was among those flagged.
Titus Kibet Tuitoek, the company's Human Resource Manager, testified that the university informed NCWSC that the Bachelor of Commerce (Accounting Option) degree certificate attributed to Okandah had not been issued by the institution.
Following the findings, NCWSC initiated disciplinary proceedings against the employee before eventually dismissing him from service and referring the matter to the Ethics and Anti-Corruption Commission (EACC) for investigation.
The court heard that the accused had submitted the degree certificate together with other employment documents when seeking the job.
Human Resource Officer Miriam Wairimu Macharia told the court that she personally received and verified the documents during the recruitment process before retaining copies in the employee's file.
University of Nairobi Senior Quality Assurance Officer Dr Michael Mwareri Wangai testified that a search of university records established that Okandah had never enrolled for the degree programme he claimed to have completed.
The university also established that the certificate contained an incorrect graduation date. According to the witness, the certificate indicated that the degree had been awarded on December 4, 1998, yet the university held only one graduation ceremony that year, on November 30, 1998.
Dr Wangai told the court that the accused's name did not appear in the university's student records, graduation lists, graduation booklet or addendum.
The magistrate accepted that evidence and concluded that the certificate submitted to NCWSC was not genuine.
"It is therefore my considered opinion that the salary/service/benefit that the accused earned was public property. It was obtained as a result of the forged certificate which was an unlawful means," the court stated.
The court found that NCWSC, a public entity under Nairobi City County, relied on the false academic qualification when employing the accused.
As a result, the salary he earned during his employment constituted public property obtained through unlawful means. Evidence from payroll officials and bank records showed that Okandah received a total of Sh4,749,597 in salary during the period in question.
On the charge of uttering a false document, the court found that the accused knowingly presented the forged degree certificate to NCWSC officials as a genuine document.
"It is my opinion that the accused knew the document was false but still submitted the same to make the institution regard him as more qualified personnel," the magistrate said.
The court also found that the accused deceived his employer by providing false information in NCWSC's employee personal information form, where he stated that he held a Bachelor of Commerce degree from the University of Nairobi obtained between 1994 and 1998.
A forensic document examiner testified that the accused personally filled and signed the employment records containing the false academic information.
Okandah, in his defence, admitted filling the employee information form and confirmed that he had worked for NCWSC.
However, he denied forging the degree certificate and denied presenting it to the company. The court rejected that defence, describing it as unsupported by evidence.
However, the magistrate acquitted him on the charge of forgery. While the court accepted that the degree certificate was fake, it found that the prosecution had not demonstrated that the accused personally created or altered the document.
The court noted that no forensic evidence had been produced linking him directly to the act of falsifying the certificate.
"It is my humble opinion that it has not been proved that the accused committed the actual forgery in respect of the degree certificate in this case," the magistrate ruled.
In concluding the case, the court observed that the submission of the forged certificate had been unnecessary because the qualification was not a requirement for the position held by the accused.
The magistrate further emphasised the importance of integrity in public service, saying honesty and accountability help reduce fraud, corruption and the waste of public resources.
The court ultimately acquitted Okandah on Count Two, which related to forgery, but convicted him on Count One, fraudulent acquisition of public property; Count Three, uttering a false document; and Count Four, deceiving a principal.
Sentencing is expected to follow in accordance with the law.
