Former Busia Governor Sospeter Ojaamong and his entire executive have been acquitted of all the seven charges regarding the KES8 million corruption case that was filed against him by the Anti-Corruption Court.

The ex-governor and co-accused had been accused of conspiring to defraud the Busia County Government of KES 8 million for a purported feasibility study on an integrated solid waste management project to be carried out by Madam R Enterprises Ltd.

The presiding Magistrate Eunice Nyutu in her ruling, said that the prosecution failed to convince the court as they did not provide sufficient evidence to prove the graft allegations against Ojaamong and his co-accused. Furthermore, none of the twenty prosecution witnesses called to testify stated that money was missing as alleged in the charges against the accused persons.

Ojaamong was charged alongside Benard Yaite (Water CEC), Lenard Ombira (Finance CEC), Allen Omachari (Chief Officer Finance & Economic Planning), Allen Omachari (Head of Treasury Accounting), Samuel Ombui (Finance Manager Madam R Enterprises Limited).

Director of Public Prosecutions (DPP) Renson Ingonga had called on the Nairobi Anti-Corruption Court to convict former Busia Governor Sospeter Ojaamong on corruption charges and impose appropriate penalties.

Others including Edna Odoyo, Renish Omullo, Sebastian Hallensben and Madam R Enterprises Limited were also charged in the case.

“The accused persons face various charges, including conspiracy to commit an economic crime, engaging in a project without prior planning, abuse of office, willful failure to comply with laws on public funds management, fraudulently making payments from public revenue for services not rendered, fraudulent acquisition of public property, and failure to pay taxes,” the ODPP said in a statement in March this year.

Furthermore, the DPP had requested the court to issue an order that would see the accused not being elected or appointed to public office for the next ten years.

“The evidence is clear, credible, consistent, cogent, and sufficiently strong to leave no doubt in this honorable court that the accused persons committed the offenses for which they were charged,” the prosecution had argued.

The DPP had further argued that Madam R Enterprises primarily operated as a hardware business and lacked the qualifications, capacity, experience, resources, equipment, and facilities required to undertake the waste management contract.

“The prosecution further asserted that none of the Madam R Enterprises Ltd employees demonstrated that they had the requisite skills or qualifications for conducting waste management or feasibility studies,” said DPP in the statement.

He added, “They also failed to demonstrate any prior experience in similar projects or their ability to secure a KES 6.9 billion tender for Phase 2 of the project, which involved constructing a waste management plant.”

However, the court said that the procedures were followed in awarding a tender for solid waste management feasibility study and the report was forwarded to the county government of Busia.

“The defence counsel Ligunya Stephen, Samantha Nangala and Wangalwa Oundo did provide evidence to support that indeed a feasibility study was done and a report submitted to the county government,” she stated.

The magistrates said that it was obligatory upon the prosecution to prove all the eleven counts by way of evidence so as the court to convict the accused persons. Consequently, the court ordered that the bond and security provided by the accused persons be given back.

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