FOR forging a contract and dishonestly acquiring over K700,000 car allowance, Water Resources Management Authority director general Kenneth Nyundu has been sentenced to two years imprisonment with hard labour.
Lusaka resident magistrate Anna Holland jailed Mr Nyundu after establishing that Mr Nyundu forged a contract which he used to dishonestly get car allowance which accumulated to K709, 366.92.
Mr Nyundu was facing three counts of forgery, uttering a false document and obtaining pecuniary advantage.
Between February 5, 2021 and July 30, 2022, Nyundu, with intent to deceive, made a false Performance Based Contract dated 5th February, 2021.
The forged contract, which was between WARMA and Nyundu, purported to show that he was entitled to 20percent housing allowance and 35percent vehicle allowance (net of tax) of his basic salary, when infact not.
In count two, accused, knowingly and fraudulently uttered the forged contract to the permanent secretary.
He allegedly uttered the document to purport to show that he was entitled to 20percent housing allowance and 35percent vehicle allowance (net of tax) of his basic salary, when infact not.
In the last count, allegations are that between the same dates, the accused dishonestly obtained and accumulated K709, 366.92 as vehicle allowance from WARMA.
He got the money by falsely pretending that he had purchased a Toyota Hilux from Jelumu General Trading Limited, when infact not.
The accused denied the allegations and several witnesses among them, WARMA internal auditor Grace Mjumphi, testified against him and how an audit revealed anomalies on his contract.
Ms Grace Mjumphi narrated how she was extremely shocked after learning that Mr Nyundu misled her into believing he was entitled to K27, 000 car allowance.
She said while Mr Nyundu had a document indicating that he signed a contract with a car dealer, Jelum, to enable him receive car allowance, it was discovered that the car never existed.
Ms Mjumphi said she learnt about this from Anti-Corruption Commission informed her that investigations revealed that the purported Toyota Hilux Mr Nyundu purportedly bought from Jelumu General Trading Limited was nowhere.
In her judgement rendered yesterday, magistrate Holland said the prosecution proved the case against Nyundu beyond reasonable doubt in all the three counts.
“The forged contract of employment was altered on page five and by this alteration, the accused person benefited from the contract by earning housing allowance net of tax which was not included in the original contract.
“In the premises, I am of the well-considered view that there is no person who could have altered the contract other than the accused person as he is the only person who benefited from the said contract.
“He continued to earn housing allowance from the false contract of employed”.
Magistrate Holland said she was convinced that the engineer benefitted from the forged contract and uttered the same to WARMA.
In counts one and two of forgery and uttering false document charges, the convict was jailed six months imprisonment in each count and one year imprisonment obtaining pecuniary advantage.
The sentences run consecutively.