High Court upholds Sh15 million fines imposed on former IEBC officials
By Lucy Mumbi |
Justice Nixon Sifuna dismissed the appeals, stating that the procurement process was neither transparent nor accountable.
The High Court has upheld the sentences for former Independent Electoral and Boundaries Commission (IEBC) officials James Oswago and Wilson Shollei, ordering them to pay a total of Sh15 million in fines or face four years in prison each.
The ruling follows the dismissal of their appeals against convictions related to the procurement of electronic voter identification devices (Evid) used in the 2013 General Election.
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Justice Nixon Sifuna dismissed the appeals, stating that the procurement process was neither transparent nor accountable.
"The responsibility for that wrongdoing has to fall on the feet of someone as it constitutes an offence. The offence, therefore, fell on the feet of the appellants as they bore the ultimate responsibility," Justice Sifuna said.
Oswago and Shollei, who served as chief executive officer and deputy director in charge of support services, respectively, were found guilty of violating procurement laws concerning the Evids.
They were accused of using their positions to improperly benefit Face Technologies Limited by approving a payment of Sh1.39 billion without ensuring that the supplied devices had been inspected and met the contract's technical specifications.
The former IEBC officials were also charged with failing to obtain approval from the electoral body's tender committee for changes to the procurement contract and neglecting to inspect the kits to ensure compliance with the specified technical standards.
In December 2022, Milimani anti-corruption court found them guilty on two counts, imposing fines of Sh7.5 million on each of them or the option of serving four years in prison each.
The defendants argued that the prosecution failed to meet the burden of proof and that the evidence against them was insufficient.
However, Justice Sifuna concluded that the prosecution had successfully established its case beyond a reasonable doubt.
The judge emphasised the high standards of professional ethics and responsible resource management expected from individuals in their positions.
"This cannot be said of the reckless manner in which the kits were procured. To whom responsibility is given, accountability is expected," he said.
Justice Sifuna further noted that the officials were required to maintain a high level of accountability, especially considering the contentious nature of elections.
"The procurement should be handled responsibly, transparently, diligently, and with utmost good faith. The (2013) elections were marked with many complaints, with one of the key issues being the malfunctioning of the kits," he said.
Additionally, the judge recalled that during the subsequent presidential election petition, the Supreme Court criticised the procurement of the kits and recommended investigations into the matter.
"The totality of evidence put forth by the prosecution vividly demonstrated that the procurement of the kits flouted procurement standards, procedures, and rules specified in the Act," Justice Sifuna said, adding that the established rules are not merely cosmetic but crucial to prevent mischief.
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