A former Kenya Medical Research Institute (Kemri) managing director Davy Koech jailed in 2021 is among 37 people pardoned by President William Ruto following the recommendation of the advisory on the power of mercy.
Dr Koech was sent to jail for six years for corruptly acquiring Sh19.3 million when he was the institution’s boss in 2006.
The 72-year-old failed in his attempt for a review of the decision last year when Justice Esther Maina dismissed his application.
In a Kenya gazette notice dated July 21, Attorney General Justin Muturi published the names of 37 offenders pardoned by President Ruto on the recommendation of the Advisory Committee on the Power of Mercy.
“It is notified for the general information of the public that in the exercise of the powers conferred by Article 133 of the Constitution of Kenya and section 23 (1) of the Power of Mercy Act, 2011, the President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, upon the recommendation of the Advisory Committee on the Power of Mercy, granted the petitions of,” the notice stated.
Dr Koech had written to the President in September last year pleading to be forgiven. The former Kemri boss maintained that he had repaid the money, Sh21.2 million but, “I was jailed nevertheless.”
“Now at 71, and while incarcerated, my health, sir, has deteriorated. I have suffered a severe stroke and I am hypertensive. Medical doctors have determined that I am neither fit to stand further trial nor am I able to instruct my legal counsel. Similarly, I’ve suffered depression, I am now stuttering in my speech and of diminished cognition,” the letter read.
Dr Koech was one of the longest-serving chief executive officers of a state corporation and in the letter, he stated that he assisted Kemri to raise, variously over Sh10 billion in research funds and grants.
“Your Excellency, I express profuse remorse. I’ve been punished and have suffered enough, having litigated for over 15 years, expending enormous financial resources and time,” he said in the letter.
Trial magistrate Victor Wakumile found him guilty in September 2021 of three counts related to the fraudulent acquisition of public property and was fined Sh19.6 million or alternatively serve six years in jail.
He had been charged with fraudulently acquiring Kemri’s property worth Sh800,000 on August 17, 2006, in Nairobi.
The second and third charges read that on December 12, 2006, he irregularly acquired Sh6 million and another Sh12.5 million from the research institution.
He faced alternative counts which indicated that he used his office to corruptly confer to himself monies held in the account of Vector Biological and Control Research (VBCR).
He was accused of transferring Sh19.3 million from the institution’s bank accounts to his personal accounts when he was the Managing Director. The funds had been allocated to the Center for Disease Control, Kisumu.
An application for review was dismissed by Judge Maina saying, “The reason Prof Koech gives is that he is asking this court to quash his conviction as the State had undertaken not to prosecute him if he paid the sums. The lower court had directed that there should be undertaking in writing as per Section 56(b) of the Anti-Corruption and Economic Crimes Act. When l went through the record l did not find such undertaking to warrant this court to declare the proceedings in the trial court were null and void.”
