County Chief In The Dock For Graft
The Ethics and Anti-Corruption Commission(EACC) has arrested and arraigned in court Busia Governor Sospeter Ojaamong on July 4, 2018. EACC sleuths arrested and handcuffed the Governor alongside co-accused in a humbling experience for a State Officer used to trappings of power and opulence. He was charged at the Milimani Anti-Corruption Law Courts together with County Executive Officers (CECs) Bernard Yaite, Finance chief officer, Allan Ekweny and Treasury head Samuel Ombui.
The arrest of Governor Ojaamong is the first high-ranking County casualty as the Commission continues with the purge against corruption. His arrest sent shock waves through the other Counties where claims of misappropriation of public resources have been reported to the Commission. The governor and his co-accused face seven counts of corruption-related charges, that include abuse of office, engaging in a project without proper planning and approving payments whereas he did not have the authority and wilful failure to comply with the law relating to management of funds. According to the police charge sheet, the Governor on diverse dates between 15th March, 2014 and 25th September, 2014 conspired to commit an economic crime, to wit engaging in a scheme to defraud the County Government of Kshs 8 Million by entering into a Memorandum of Understanding for a feasibility study on solid waste management to be carried out by Madam R. Enterprises Ltd. The said company had not been procured procedurally and the study had not been budgeted for in the Financial Years 2013/2014.
Busia Governor, Sospeter Ojaamong at the Milimani Anti-Corruption Court on July, 4th 2018.
In the second account, the Governor is accused of engaging in a project without proper planning contrary to section 45(2) (c) as read with section 48 of the anti-corruption and economic crimes act, 2003. The governor is also charged with abuse of office contrary to section 46 as read with section 48 of the anti-corruption and economic crimes act, 2003. He is accused of using his office to improperly confer a benefit of Kshs. 8,000,000/= to Madam R. Enterprises Limited by signing the Memorandum of Understanding with the said Madam R Enterprises Ltd which had not been competitively procured as per Section 2 (b) of the Public Procurement and Disposal Act, 2005 and by approving payments whereas he did not have the authority contrary to section 46 as read with section 48 of the anti-corruption and economic crimes act, 2003.
The other co-accused Lenard Wanda Obimbira and Allan Ekweny Omachari, the County Executive Committee Member for Finance and Chief Officer Finance respectively, wilfully failed to comply with the law relating to management of funds to wit Section 138 (6) of the Public Finance Management Act, 2012 by knowingly approving payments amounting to Kshs. 8,000,000 /= to Madam R Enterprises Ltd for a feasibility study on solid waste management, a project for which funding had not been appropriated.
Edna Odhiambo Odoyo, Renish Achieng Omullo and Madam R Enterprises Ltd face the charges of fraudulently obtained public funds to wit Kshs. 4,000,000/=, from the Busia County for services that had not been rendered. The offense is contrary to section 45(1) (a) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003. In addition, they are also accused of failure to pay taxes to the Kenya Revenue Authority amounting to Kshs 551,724/=.
