Former Busia Governor Sospeter Ojaamong was on Friday, May 16, acquitted of an Ksh8 million graft case with Chief Magistrate Eunice Nyutu citing insufficient evidence.
“After the entire comparison and consideration of the evidence, I find that the prosecution failed to prove all the charges,” Nyutu stated.
“Pursuant to Section 215 of the Criminal Procedure Code, I acquit all the accused persons accordingly,” she added.
The former governor, who served for two consecutive terms, had been charged with seven others on allegations of abuse of office and economic crimes.
They were also charged with willful failure to comply with laws on public funds management, fraudulently making payments from public revenue for services not rendered, fraudulent acquisition of public property, and failure to pay taxes.
In Kenya, a person convicted of graft can face a jail term not exceeding 10 years, or a fine not exceeding one million Kenyan shillings, or both. The specific sentence depends on the nature and severity of the corruption offense.
For instance, individuals found guilty of bribery under certain sections of the Bribery Act, 2016, can face imprisonment for up to 10 years, a fine not exceeding five million shillings, or both.
Additionally, convictions can lead to disqualification from holding public office or certain private sector positions for up to 10 years.
According to prosecution reports, between March 15, 2014, and September 25, 2014, Ojaamong conspired with the co-accused to commit an economic crime by engaging in a scheme to defraud the Busia County Government of Ksh8 million.
The prosecution went on to reveal that the money was paid for a purported feasibility study on an integrated solid waste management project, which was to be carried out by a private company.
However, the prosecution disclosed that during investigations, it was established that the firm did not meet the requisite threshold to secure the tender.
Over the course of the case, Ojaamong maintained his innocence noting flaws in the evidence provided by the prosecution.
