The Ethics and Anti-Corruption Commission has recovered Ksh. 7.5 million fraudulently acquired from the National AIDS Control Council (NACC) by two individuals namely Job Keittany, the 1st Defendant who is deceased and Michael Chesikaw, 2nd Defendant.
According to a statement by EACC on twitter, the defendants were herbalists and researchers and the proprietors of a Community Based Organization known as Par Aid that received funds in form of a grant from the National Aids Control Council (NACC).
The commission says, the grant was intended for a study to test the efficacy of a herbal medicine in the treatment and management of HIV/AIDS and was to be carried out in partnership with Moi University where the tests were to take place.
EACC has noted that, instead of undertaking the study for which the grant was given, the defendants embezzled the funds and used forged receipts allegedly issued by Moi University to the tune of Kshs. 7,500,000 to account for the funds.
The recovery of the stolen public funds was realized through a civil suit filed by the defunct Kenya Anti-Corruption Commission (KACC), the predecessor of EACC on 8th August 2006 seeking orders to compel the two Defendants to pay back the amount together with costs and interest.
Delivering her judgement on 29th June, 2023, Justice Esther Maina determined that EACC had proved its case on a balance of probabilities and found the 2nd Defendant liable to compensate the National AIDS Control Council through EACC Ksh. 7,500,000 plus interest to be calculated from the date of receipt of funds in 2004 at 12pc per annum.
The Commission was also awarded costs to be paid by the 2nd Defendant because the 1st Defendant is now deceased.
In its findings, the High Court concurred with EACC that through a well -orchestrated scheme, the 1st and 2nd Defendants through the entity known as Par Aid (Herbalists and Researchers), opened a KCB account no. 241754201 for purposes of receiving the grant sum and withdrew the money which they used for personal benefit thereby unjustly enriching themselves at the expense of the National Aids Control Council (NACC).
