Nicholas Smith was hastily prosecuted in the UK in relation to the “Chickengate” scandal and has finally walked out of prison after serving his three-year sentence and paying fines.
On the other hand, Kenyans accused in the same case, that involved alleged bribery for printing election and exam papers, are walking free on the streets.
In addition to serving the three-year term in jail, Smith also paid a total of £93,693 or around Ksh12 million in fines and legal fees. His printing company, Smith & Ouzman was also ordered to pay £2.225 million (Ksh287.2million) in fines and legal bills.
A UK court found Smith guilty in 2015 of offering kickbacks to Kenyan officials of the Independent Electoral and Boundaries Commission (now IEBC) and the Kenya National Examination Council (KNEC) in order to win tenders for ballot and exam papers, respectively.
In the trial, which was closely followed by Kenyan officials of the judiciary, UK’s Serious Fraud Office tabled a 65-page affidavit and hired celebrated lawyer Mark Bryant-Heron as its prosecutor.
Smith’s release came a week after a Milimani court in Nairobi heard a criminal case against former Independent Electoral and Boundaries Commission ( IEBC) CEO James Oswago, Smith & Ouzman’s local agent Trevy James Oyombra, and his associate Hamida Ali Kibwana.
As of 2019, Kenyan authorities are still trying to initiate proceedings of pursuing criminal charges against individuals who Smith allegedly bribed.
It, however, remains unclear whether the organization that unearthed the scandal, UK’s SFO, handed over details of incriminating evidence against the Kenyan officials.
While responding to an inquiry by Nation, an SFO official informed that the organization hardly tracks the status of convicted defendants.
He added, “I will speak to the case team about whether any documents were provided to the Kenyan authorities. However, due to the age of the case, I may not be able to assist.”
The trial of the accused in Kenya remains to be one among many that keep on dragging in Kenyan courts.
Former Director of Public Prosecutions Keriako Tobiko claimed that the evidence from UK authorities was not sufficient to prove the Kenyan officials had received and distributed hefty bribes to tilt contract awards.
Mr Oyombra has been charged with soliciting and distributing the Ksh66 million to a number of then IIEC officials to ensure that Smith & Ouzman got printing contracts for ballot papers used in the Shinyalu, Bomachoge, Matuga, and South Mugirango by-elections between 2009 and 2010, and the 2010 referendum.
Interestingly, Mr Oswago is the only public official charged with receiving a bribe — Ksh2 million — to ensure that Smith & Ouzman printed ballot papers for the 2010 referendum that gave birth to Kenya’s current Constitution.
Detectives and prosecutors believe Oswago received the money through his associate, Ms Kibwana, who was allegedly paid Ksh 230,000 as the receiving proxy for the former electoral official.
While Mr Oyombra has been accused of distributing the Ksh66 million to public officials, it appears the recipients may never appear in court as Kenyan authorities maintain the lack-of-evidence narrative.
At KNEC, Makueni County Secretary Paul Wasanga, who was CEO, his deputy Mwai Nyaga, ICT manager Geoffrey Gitogo, computer manager Ephraim Wanderi, and principal supplies officer Michael Ndua were alleged to have received kickbacks from Smith & Ouzman through Oyombra.
London prosecutors claimed that Mr Wasanga received Ksh 700,000 per year from Smith & Ouzman through Mr Oyombra to influence printing tenders at KNEC, while Mwai, Gitogo, Wanderi and Ndua allegedly received Ksh 90,000 each.
