THREE IN COURT FOR RECRUITMENT FRAUD

Integrity remains a critical pillar in the character of KDF. During the nationw ide recruitment exercise, there are rife allegations of recruitment fraud and corruption. Whereas KDF is clear, that the exercise is free and fair to all eligible Kenyans, we call upon the citizenry to make this possible, by not giving bribes and to report anyone masquerading as a KDF recruitment agent or soliciting for bribes inline with the recruitment.

On Friday 28th May 2021, three Kenya Defence Forces (KDF) officers were charged at the Kahawa Garrison for various offences on corruption in the 2021 military recruitment drive.

Lieutenant Colonel Thomas Kiptum Poghisio, Corporal Tyren Ketah and Gunner Anthony Kimeiwa Leboo were each charged on multiple counts of deceiving unsuspecting Kenyans that they shall influence the recruitment process in their favour.

Lt. Col. Kiptum was charged on five counts; disobedience to KDF Standing Orders, conduct to prejudice of good order and service discipline as well as committing civil offence contrary to the KDF Act 2012.

On count one, the first accused was alleged to have solicited the particulars and academic qualifications of Musa Kipirken on 8 February 2021 in an attempt to recruit him to the KDF.

He was further alleged to have received the particulars of Rebecca Makonjo on 20 January 2021 by pretending he was in a position to help her get recruited as a Tradeswoman.

On a third count, Col. Kiptum was alleged to have received Sh10,200 from Kiptoo Bwaley in false pretence that he would have him shortlisted as a Specialist Cadet during the recruitment exercise.

Cpl. Ketah, while attached as a driver to s
Senior Eecruiting Officer (SRO) Lt. Col. Stanley Kithuya, and with intent to unduly influence the recruitment of Joyce Wambui allegedly communicated with Cpl. Peter Mbugua. The accused was alleged to have received Sh200,000 from Patrick Nderi, father to Wambui, by false intent that he would recruit her daughter in the military.

Gunner Kimeiwa is said to have received Sh230,000 on 8 February 2021 from Phillip Nkapapah on behalf of Dominic Sankori and another Sh40,300 from Kiptoo Bwaley by falsely pretending he was capable of influencing the recruitment of the two into the KDF.

On another count, Gnr Kimeiwa was alleged to have canvassed with Lt.Col. Kiptum by sending the particulars of Kiptoo Bwaley via whatsapp to have him recruited in the military.

The three denied all the charges when they appeared before the Principal Magistrate Hoseah Mwangi.

Their cases were adjourned to 11 June 2021 for a pre-trial conference.
The three are among five officers who were arrested following complaints by the members of the public who termed the recruitment drive as fraudulent.

Military prosecutor Colonel Simon Yator said the investigations by the Military Police linked the five with impropriety related to the nation-wide exercise adding that the civilian involved were charge in civil courts.

Col. Yator maintained that the recruitment is a transparent exercise and urged the members of the public to be aware of fraudsters.

He asked anyone with a fraud complaint resulting from the last recruitment exercise to report the matter to hotline number, 0726 419 709 or lodge complaints at Defence Headquarters to kickstart investigation exercise and possible arraignment.

In a separate matter, the court has dismissed an application by a Senior KDF officer who sought to have his fraud charges to a civil court saying that the court martial lacked the requisite jurisdiction to try him.

Through lawyer John Were, Major Joel Kenyakina said that the Commanding Officer ought to have reported the matter to the police where a property of the civilian is involved

The officer sought to have the court martial down it’s tools and refer the matter to a civil court.

The application was opposed by the Military Prosecutor Colonel Simon Yator who said that the military court had the required jurisdiction since the petitioner is a KDF officer who ought to be charged under Section 4A of the KDF Act 2012.

Col Yator further submitted that the applicant is not charged under the Economic Crimes Act.

In his findings, Principal Magistrate Hoseah Mwangi affirmed that Maj. Kenyakina had been charged with crimes of malpractices and not Corruption and Economic Crimes.

Hon. Mwangi maintained that although the charges the accused faced may either benefit him or not, the acts amounted to prejudice of the good order of the Defence Forces.

“In my humble view, the charges touch on the discipline and integrity of military officers. I find the charges are properly framed and this court has the jurisdiction to try the accused for the offences disclosed. The plea raised by the applicant is hereby dismissed,” said the Magistrate.