James Oswago, the former Independent Electoral and Boundaries Commission chief executive, was dealt a blow on Wednesday, October 30, after the High Court upheld his conviction and four-year sentence for the irregular award of a Ksh1.3 billion tender for the supply of voter materials for the 2013 General Elections.
In 2022, Oswago was found guilty alongside former Independent Electoral and Boundaries Commission (IEBC) Deputy Commission Secretary in charge of Support Services Wilson Kiprotich Shollei.
At the time, magistrate Felix Kombo convicted the two on two counts of willful failure to comply with procurement laws.
Oswago and Shollei went on to file separate appeals at the High Court to challenge their conviction and sentencing arguing that the evidence presented against them was insufficient.
But on Wednesday, Justice Nixon Sifuna tossed out their appeals, alluding to the fact that the prosecution had provided enough grounds to convict the duo.
"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 ruled.
Sifuna added that the two were supposed to have maintained a high-level of accountability particularly because of how highly-charged elections in Kenya can be.
In a statement, the Ethics and Anti-Corruption Commission further added that since the pair were found guilty of abuse of office and willful failure to comply with the procurement laws, they were ineligible to hold public office in future, as per section 64 of the Anti-Corruption and Economic Crimes Act, 2003.
The pair, who were CEO and deputy CEO. were accused of using their offices to irregularly grant a tender to a company by approving a Ksh1.39 billion supply of Evids - the devices used to verify and confirm voters.
Oswago was accused of approving the multi-billion shilling supply of the devices without ascertaining that the devices supplied were inspected and met all the technical specifications in the contract.
Changes in the contract for the procurement of the kits were supposed to be approved by the IEBC's tender committee,but Oswago and his deputy failed to oversee this exercise.
Oswago and Shollei will now be subjected to a fine of KSh 7.5 million or a four-year jail term each.
Meanwhile, two other co-accused Edward Kenga and Willy Gachanja were acquitted after the court found no evidence linking them to any offence.
