Kisii Governor James Ongwae was on Monday accused of hiring a ward administrator without any academic qualifications in 2014.
During the hearing of the case the Asset Recovery Agency wants Evans Nyaoga Rambeka to refund Sh3. 1 million salary he was paid for the 38 months he worked for the county.
The agency claimed that Nyaoga who in 2017 resigned to vie for an MCA position was paid the money irregularly and he should therefore pay back.
Justice Esther Maina was told that Nyaoga presented fake certificates that he allegedly used to secure the job.
However, through his lawyer Danstan Omari he claimed that he never applied for the job but was given the appointment letter by the county boss in 2014.
Omari questioned Linet Onyambu who had testified that Nyaoga presented fake papers if his client ever applied for the job.
He asked her to produce any documentation showing that Nyaoga ever applied for that position.
“The governor gave him that job, he never applied for it, he was given a letter of appointment by the governor,” Omari said.
Onyambu said she is not aware of the allegation because he is the deputy director human resource and payroll management.
Omari further asked her how his client could forge certificates yet he never applied or presented any documents.
“My client is not to blame for being employed without academic qualifications, he does not know how the certificates got into his file,” he said.
Another witness Maureen Busolo who worked at the Kenya Institute of Management also testified telling court that the certificates allegedly produced by Nyaoga were fake.
She said that the certificate he produced belonged to a diploma graduate called Francisca Ochwangi and the Diploma in human resource belonged to Loice Kabubi who graduated in 2006.
The ARA claims that Nyaoga illegally received Sh3,162,452 from the county as salary for the 38 months he worked as a ward administrator.
The agency further claims that Nyaoga had already been found guilty of forgery by a Kisii court in 2019 and should pay back the public funds.
“As a result of the facts here there was an occasioned loss of public funds by the county of Kissi and Nyaoga illegally benefited from the salaries and allowances amounting Sh3,162,452,” reads the court papers.
In his response, Nyaoga has told court that he worked for the county government of Kisii from 2014 to 2017 and he never presented any forged certificates from KIM.
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