Two-year prison term for ex-Kenya-Re boss upheld

Former Kenya Re-Insurance #ticker:KNRE managing director Johnson Jackson Githaka will serve a two-year jail term for fraud after the High Court dismissed his appeal.

Justice John Onyiego said he was properly convicted by the magistrate’s court.

The judge alternatively ordered Mr Githaka to pay a fine of Sh15.1 million, which is twice the amount he is alleged to have fraudulently received after the sale of a building belonging to United Insurance Company.

Justice Onyiego directed that a balance of Sh154,000, which was retained by the law firm of Muriu Mungai & Company Advocates should be given to fallen underwriter, through the statutory manager.

“Having held above, I am satisfied that the appellant did use his office improperly to confer a benefit unto himself thus betraying public trust entrusted on him. The conviction is upheld,” the judge ruled.

Mr Githaka had appealed against the conviction saying there was no evidence that the building was public property because it belonged to United Insurance, a private property. Kenya-Re he said, had no proprietary interest in the property and therefore the finding by the court that he fraudulently acquired public ASSET was erroneous.

He had been found guilty of corruptly receiving Sh7.2 million from United Insurance after the sale of a building belonging to the underwriter. The court found that the amount was used to purchase a house in Loresho, which was later registered in Mr Githaka’s name and that of his wife.

Trial magistrate Felix Kombo had ordered him to pay a fine of Sh750,000 or serve one year in prison and an additional mandatory fine of Sh14,520,000 ( being two times the amount he received) or serve another year in prison.