- Former Busia governor Sospeter Ojaamong was dismissed of corruption charges after the Nairobi court ruled that the prosecution failed to confirm the alleged fraud of KSh 8 million bid.
- Chief Justice Eunice Nyutu announced the case was impossible, saying there was no evidence to indicate a criminal intention
- The court found that the feasibility study was completed and supported by county parliamentary resolutions and budget documents from 2013–2014
- Judge Nyutu ordered the release of all bail and bail, marking the end of a long -term case that threatened Ojaamong’s political legacy
Nairobi – a former governor of Busia Sospeter Ojaamong is now a free man after the Nairobi court released him on charges of corruption linked to the KSh 8 million tender fraud.
Source: Original
The decision, issued on Friday, May 16, by Chief Justice Eunice Nyutu, brought a relief to Ojaamong and eight of his fellow defendants, thus ending many years of legal disputes that had shaded the shadow of the political legacy of the former county boss.
The case involved a feasibility study of an integrated solid waste management project, which is said to be implemented by Madam R Enterprises Limited.
Ojaamong and his fellow defendants were charged with conspiring to defraud the Busia County government for a bid that the prosecution claimed was unusual and had no proof.
However, in his deeper judgment, Nyutu decided that the prosecution failed to meet the legal level needed to advance the judgment.
He pointed out that no witness was brought in to testify who presented a strong evidence of criminal intentions or financial loss.
“I am not convinced that the sentence was valid. I see the prosecution has failed to prove all the charges against the defendants, and I leave them accordingly,” Nyutu decided.
He added that under section 215 of the Criminal Procedure Act, the court was forced to release the defendants because the prosecution failed to prove any of the eleven charges.
How did Ojaamong gain his freedom
The prosecutor had accused the group of being involved in an illegal conspiracy to loot public money through false advice.
But the court dismissed the allegations, saying that the bidding process was procurement and that the feasibility report was presented to the Busia County government.
Nyutu noted that the defense presented written evidence, including summaries, resolutions from the County Assembly, and the budget allocation, confirming that the expenditures were planned and approved for the 2013-2014 financial year.
Source: Original
Additionally, Nyutu emphasized that not one of the 20 prosecution witnesses showed the loss of money or the personal benefits of the defendants.
“The Defense Council, Ligunya Stephen, Samantha Nangala and Wangalwa Oundo gave evidence to confirm that the study was done by a report submitted to the county government,” He said.
In the final procedural stage, the court ordered the release of the securities and all securities imposed by the defendant during the trial period.
Why did the court release Waluke
Elsewhere, the Court of Appeal released Syrian MP John Waluke and his accused Grace Wakhungu, and overturned their original guilt by receiving KSh 297 million for fraud from the National Board of Grain and Crops.
Initially they were sentenced to 67 and 69 years in prison, or a great fine, their appeal to the Supreme Court was dismissed.
However, the Court of Appeal identified serious procedural errors and limitations in the running of the lower court cases, resulting in the abolition of such sentences.
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