Four businessmen who hacked into the Judiciary Finance systems and ordered the Treasury to pay Sh80 million to fictitious firms that supplied nothing have been found guilty of fraud and theft.
They are Henry Achoka, Duncan Bokela, Reuben Kirongothi and Martin Murathe.
They were found guilty by chief magistrate Roselyne Onganyo after conspiring to defraud the Judiciary of Sh80,013,302 in September 2013.
Ms Oganyo said the prosecution proved its case against the four.
They were charged alongside nine others including five Judiciary staff who were acquitted for lack of evidence.
The judiciary officers are officers Ruth Wanjiku, Joab Ooko, Boru Guyo Benjamin Mutuku and Benedict Abonyo.
Ms Oganyo said there was no prior communication between the Judiciary officers and the convicts and their allies.
Others acquitted were traders Fredrick Tsofa, Ann Gathoni, Nancy Mumbi and Christine Wambugha.
The prosecution called 25 witnesses, including the former chief registrar of the judiciary Gladys Boss Shollei and Treasury official Kelvin Mutinda who opened Ifmis accounts before closing its case.
The theft was discovered after CFC Bank called the then Finance director Benedict Omollo to confirm whether the transactions were genuine.
The proprietor of Jepco Cleaning Services Paul Rambaya whose firm is contracted to clean Judiciary premises received undue payment of Sh5,719,466, returned the money and reported to Mr Omollo, who reported the fraud to the Directorate of Criminal Investigations (DCI).
Chief inspector Melly Kirwa of the DCI discovered that 11 firms received amounts from the Treasury through the Integrated Financial Management Information System (Ifmis) after a fraudulent letter requested the cash.
The firms received different amounts between Sh 2.8 – 12 million.
They include Bonarza Agencies Ltd which received Sh 12 million, Integrated Real Estate Services which received Sh 7,590,000 and Meerkats (K) Ltd which was paid Sh 6,661,790 for supplying nothing.
Bonarza Agencies belonging to Achoka received Sh 12 million and Coldax Agencies belonging to Bokella recived Sh 2, 853, 148.
Other firms are Meerkats [K] Limited of Kirongothi received Sh 6, 661, 790 and Murathe’s Wiliams Logistics which received Sh 3, 910, 722.
The convicts were found guilty of different counts of attempt to steal, stealing but all were guilty of handling stolen property.
“In the same breath, I find that the prosecution successfully proved the alternative charge to count 11 of handling stolen property contrary to the law,” ruled Oganyo.
The traders withdrew the money and could not satisfactorily tell the court where they received the money from what was being paid for.
Achoka absconded the court from December 7 2015 and the court proceeded in his absence since then. He never gave any defence from the charges against him.
Kirongothi who received Sh 12 million had fled to Rwanda where he was arrested by Interpol and at the time of judgement he had not been presented to local police.