The Director of Public Prosecutions (DPP) urged a Nairobi Anti-Corruption Court to find former Busia Governor Sospeter Ojaamong guilty of graft charges and impose appropriate penalties.
In his final submissions filed Wednesday, March 12, 2025, the DPP argued that he had proven the case against Ojaamong and his eight co-accused beyond reasonable doubt on all counts.
The DPP also requested the court to issue an order under Section 48 of the Anti-Corruption and Economic Crimes Act (ACECA), barring all the accused persons from being elected or appointed as public officers for the next ten years.
Ojaamong was charged alongside the County Executive Member for Water, Environment, and Natural Resources, Benard Yaite, the County Executive Committee Member for Finance and Economic Planning, Lenard Ombira, the Chief Officer for Finance and Economic Planning, Allen Omachari, the Head of Treasury Accounting, Samuel Ombui, Finance Manager at Madam R Enterprises Limited, Edna Odoyo as well as Renish Omullo, Sebastian Hallensben, and Madam R Enterprises Limited.
The accused persons face various charges, including conspiracy to commit an economic crime, engaging in a project without prior planning, abuse of office, wilful 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.
The prosecution submitted that the ninth accused, Madam R Enterprises Ltd., was not registered at the time of signing the Memorandum of Understanding (MoU), rendering the agreement null and void.
Additionally, the prosecution argued that the entity paid by the Busia County Government was primarily engaged in the hardware business and lacked the necessary qualifications, capacity, experience, resources, equipment, and facilities to execute the waste management contract.
The prosecution further asserted that none of the Madam R Enterprises Ltd employees demonstrated that they had the requisite skills or qualifications for conducting waste management or feasibility studies.
They also failed to demonstrate any prior experience in similar projects or their ability to secure a Sh6.9 billion tender for Phase 2 of the project, which involved constructing a waste management plant.
The court heard that between March 15, 2014, and September 25, 2014, in Busia County, the accused persons jointly conspired to commit an economic crime by engaging in a scheme to defraud the Busia County Government of Sh8 million for a purported feasibility study on an integrated solid waste management project to be carried out by Madam R Enterprises Ltd.
“The evidence is clear, credible, consistent, cogent, and sufficiently strong to leave no doubt in this honorable court that the accused persons committed the offenses for which they were charged,” the DPP submitted.
Before closing the case, the prosecution presented a total of 22 witnesses in support of the charges, including two who provided rebuttal evidence.
The court is set to deliver its judgment on May 16, 2025.
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