Former Independent Electoral and Boundaries Commission chief executive James Oswago suffered a blow on Wednesday after the High Court upheld his conviction and four-year sentence for culpability in the irregular award of a Sh1.3 billion tender for the supply of voter materials for the 2013 General Elections.
Oswago had been in 2022 found guilty by trial magistrate Felix Kombo alongside former Independent Electoral and Boundaries Commission Deputy Commission Secretary in charge of Support Services Wilson Kiprotich Shollei.
The two were convicted on two counts of willful failure to comply with procurement laws.
Their two co-accused Edward Kenga and Willy Gachanja were however acquitted after the court found no evidence linking them to any offence.
Both Oswago and Shollei then moved to the High Court where they filed separate appeals against their conviction and subsequent sentencing.
The appeals were later consolidated.
Justice Nixon Sifuna while delivering his judgement on Wednesday said he found that the prosecution had proved its case against the duo beyond any reasonable doubt.
“I therefore uphold those convictions," Justice Nixon Sifuna
"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.”
When they were arraigned, Oswago and Shollei were charged with willful failure to comply with the law relating to procurement.
The two allegedly failed to ensure the changes made to the contract awarded to Face Technologies Limited by the IEBC for the supply of Electronic Voter Identification in Tender No. IEBC14/2011-2012 were approved by the IEBC tender committee.
In the other count, they were accused of using their offices to improperly confer a benefit on Face Technologies Limited by approving payment of Sh1,397,724,925.51 for the supply of EVIDs without ascertaining that the devices supplied were inspected, accepted and met the technical specifications in the contract.
