The High Court has ordered former Kenya Meat Commission boss Ibrahim Haji Isaak to pay back Sh11.5 million he withdrew from the commission’s account for private use.
The court ruled that the dishonest expenditure without accountability constituted fraud and breach of public duty demanding that Ibrahim should start paying the funds this week.
“The plaintiff (EACC) received information that the amount withdrawn by the defendant was not accounted for as no surrender by way of the paper trail was filed with a KMC office to show how the money requisitioned was spent,” Judge John Onyiego ruled last Wednesday at the Anti-Corruption and Economic Crimes Division of the High Court Nairobi.
Ethics and Anti-Corruption Commission had filed on the civil case in mid-2016 a suit at Anti-Corruption and Economic Crimes Division of the High Court Nairobi for the recovery of the Sh11.5 million.
EACC told the court that on April 30, 2012, Ibrahim walked into First Community bank, as the Commission’s signatory to withdraw the funds from the Kenya Meat Commission account number 0999241802.
“Subsequently, EACC received information that the amount withdrawn by the defendant was not accounted for as no surrender by way of paper trail filed with the KMC office to show how the money was spent,” the judge said.
The judge said that EACC was able to prove that the withdrawal of the funds from the KMC account.
He said that further investigations by the anti-corruption watchdog showed that Ibrahim failed to follow the laid down procedure in requisitioning the Commission’s money from the bank.
The court said that EACC was able to prove that the funds were later used for private use as no receipts of accounts have been tendered leading to misappropriation of funds, deliberately deceiving KMC and the public by withdrawing monies to secure unfair gains
It added that there were no vouchers and the expenditure was not incurred according to the rules by the Kenya Meat Commission.
“In a nutshell, the plaintiff has proved its case on a balance of probability and judgment is thus entered in favour of the plaintiff against the defendant for payment of Sh11.5 million with interest at court rates with effect from 30 April 2012 till full payment. Costs are awarded to the plaintiff,” the judge ruled.