The High Court has upheld the conviction of former Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer James Oswago.
Milimani Anti-Corruption Judge Prof Nixon Sifuna on Wednesday, October 30, upheld the conviction and four-year sentence of Oswago for culpability in the irregular award of a Ksh1.3 billion tender.
The former IEBC boss was implicated in the tender meant for the supply of voter materials, including Biometric Voter Kits, for the 2013 General Elections.
Consequently, the lower court found Oswago and his then Deputy Wilson Shollei guilty of abuse of office.
“I therefore uphold those convictions. As for the sentences, they were not harsh, not too lenient nor illegal. I therefore find no basis or justification for disturbing the sentences as imposed,” Justice Nixon Sifuna stated.
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High Court Justifies Ruling
According to the judge, procurement laws are not cosmetic and ought to be followed. Therefore, the two were sentenced to a Ksh7.5 million fine or four years in jail each.
Moreover, the two former IEBC officials were convicted on two counts of willful failure to comply with procurement laws.
Therefore, the two officials will no longer be eligible to hold office.
“The lower court found the two guilty of abuse of office and willful failure to comply with the procurement laws and sentenced them to a Kes7.5 million fine or four years in jail each.
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“In addition, pursuant to section 64 of the Anti-Corruption and Economic Crimes Act, 2003, the two convicts remain ineligible for appointment or election to any public office,’ stated EACC.
The Conviction of the Former IEBC Bosses
Oswago was found guilty of the charges in 2022, alongside former Independent Electoral and Boundaries Commission Deputy Commission Secretary in charge of Support Services Wilson Kiprotich Shollei.
However, their co-accused Edward Kenga and Willy Gachanja were acquitted after the court found no evidence linking them to any offence.
Later, Oswago and Shollei escalated the matter to the High Court, filing separate appeals against their conviction and sentencing.
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