Two former Independent Electoral and Boundaries Commission (IEBC) officials, James Oswago and Wilson Shollei, have lost their appeals and will now have to pay a total of Sh15 million in fines or serve four years each in prison. The High Court upheld the sentences imposed on them two years ago by a Milimani court, relating to the procurement of Electronic Voter Identification Devices used for the 2013 General Election.
Justice Nixon Sifuna dismissed their appeals, stating that the purchase of the kits was carried out in a non-transparent and unaccountable manner. He emphasized that the wrongdoing in the procurement process needed to be attributed to someone, and in this case, it fell on the appellants as they held the ultimate responsibility.
Mr. Oswago, the former CEO, and Mr. Shollei, the former deputy director in charge of support services at the electoral agency, were charged with failing to adhere to procurement laws in the acquisition of the EVIDs used during the 2013 General Election.
They were accused of improperly conferring a benefit on Face Technologies Limited by approving a payment of Sh1.39 billion for the supply of EVIDs without ensuring that the devices met the technical specifications in the contract. Additionally, they failed to ensure that changes in the contract were approved by the tender committee and neglected to inspect the kits to verify compliance with technical standards.
In December 2022, a Milimani anti-corruption court found them guilty on two counts and imposed a fine of Sh7.5 million each or a four-year prison sentence. Despite their arguments that the prosecution failed to prove their guilt and presented insufficient evidence, Justice Sifuna concluded that the prosecution had met the burden of proof beyond a reasonable doubt.
The judge highlighted the importance of upholding professional ethics, prudent resource management, selfless service for public interest, and honesty in their positions. He emphasized that accountability and responsibility were essential, especially in handling procurement for highly charged events like elections.
Justice Sifuna noted that the 2013 elections were marred by complaints, including issues with the malfunctioning of the kits, which led to a recommendation for investigations by the Supreme Court in a subsequent presidential election petition. He emphasized that procurement standards and procedures are not mere formalities but are crucial in preventing misconduct.
Ultimately, the court’s decision reaffirmed the need for transparency, diligence, and adherence to rules and procedures in procurement processes to ensure accountability and integrity in public service.
