Court dismisses EACC bid to recover Sh24.9 million in Turkana school feeding dispute

Court dismisses EACC bid to recover Sh24.9 million in Turkana school feeding dispute

The High Court ruled that the Ethics and Anti-Corruption Commission failed to provide sufficient evidence to support claims of fraud in a Turkana County school feeding programme, effectively clearing the accused officials and supplier of liability in the Sh24.9 million dispute.

The High Court’s Anti-Corruption and Economic Crimes Division has dismissed a case filed by the Ethics and Anti-Corruption Commission (EACC) seeking to recover Sh24.9 million allegedly lost through a fraudulent tender linked to a school feeding programme in Turkana County.
The EACC had sued Amailo Investment Company Ltd alongside several county officials, accusing them of facilitating unlawful payments for fortified food products meant for Early Childhood Development Education (ECDE) learners, which the agency claimed were never delivered.
Advocate Jack Bigambo represented the respondents.
In its case, the EACC told the court that investigations had uncovered irregularities in procurement and transportation records involving the delivery of corn soya blend, commonly known as Unimix, to schools across Turkana County.
The commission also questioned the authenticity of delivery documents and vehicle records, arguing that some of the listed transport vehicles lacked the capacity to carry the quantities allegedly delivered.
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The court further heard from transporters who reportedly denied any involvement in the deliveries. Investigators also highlighted inconsistencies in delivery notes, weighing records, and transport logs.
However, the respondents denied any wrongdoing, maintaining that the food supplies were duly delivered, inspected, and officially received before payments were approved by county authorities.
Defence witnesses testified that the ECDE feeding programme was implemented on the ground and that inspection and acceptance committees had verified the deliveries prior to payment.
They further argued that the discrepancies in documentation were administrative or clerical in nature and did not amount to fraud.
After reviewing the evidence from both sides, the court found that the EACC had not sufficiently proved its claims to justify the recovery of the funds.
The dismissal of the suit effectively absolves the county officials and the supplier from liability in the Sh24.9 million dispute linked to the Turkana school feeding programme.

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