Blow to ex-IEBC CEO James Oswago as High Court upholds sentence in Ksh.1.3B scandal

Delivering the ruling on Wednesday, Justice Nixon Sifuna ruled that the prosecution had proved its case against former IEBC CEO Oswago and former Deputy Commission Secretary in charge of Support Services, Wilson Kiprotich Shollei.

The two were in December 2022 ordered to each pay a fine of Ksh. 7.5 million or in default serve a total jail term of 4 years for two counts. Senior Principal Magistrate Felix Kombo found the two officials guilty of abuse of office and wilful failure to comply with the procurement laws.

Following their conviction and sentencing, the two moved to the High Court to appeal the lower court's decision.

In his ruling however Justice Sifuna pointed out that the two had the responsibilty to ensure that procurement laws are followed. Justice Sifuna noted that procurement laws are not cosmetic.

"Those sentences are not harsh, excessive or illegal and neither unreasonable," Prof. Sifina noted.

The judge further said that there are no basis or justification of disturbing the lower court's decision.

In the ‘Chicken gate’ scandal where the illicit deals are said to have been carried out under the code name ‘chicken’ to award lucrative printing contracts, IEBC was accused of irregularly awarding the tender for the supply of Electronic Voter Identification Devices (EVID) Kits and Accessories to Face Technologies Ltd.

Oswago and Kiprotich had been charged alongside Edward Kenga Karisa and Willy Gachanja Kamanga both of whom were acquitted on the grounds that a case was not made against them.