The prosecution alleges they “wilfully failed to comply with the law relating to procurement contrary to section 45(2) (b) as read with section 48 of the Anti-Corruption and economic crimes act, 2003.”/MIKE KARIUKI
NAIROBI Kenya, Oct 30 – The Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer James Oswago and three other officials have been charged over a 1.3 billion tender scandal for election materials.
The others charged are the Deputy Commission Secretary (Support Services) Wilson Shollei, Procurement Manager Willy Kamanga and Procurements Director Edward Karisa.
They all faced abuse of office charges and failing to follow procurement procedures while purchasing Electronic Voter Identification Devices (EVID) equipment used in the March 4 General Election.
The prosecution alleges they “wilfully failed to comply with the law relating to procurement contrary to section 45(2) (b) as read with section 48 of the Anti-Corruption and economic crimes act, 2003.”
They denied the charges and were freed on a cash bail of Sh500,000 each until November 14 when the date of hearing will be determined.
Being officers whose functions concerned the management of public revenue in the election body, Oswago and Shollei allegedly, “jointly and wilfully failed to comply with the law relating to procurement of goods to wit section 47 of the public procurement and Disposal Act and Regulation31 of the Public Procurement and Disposal Regulations.”
The four are said to have failed to ensure that changes made to the contract awarded to Face Technologies Limited by the IEBC for the supply of Electronic Voter Identification Devices Vide Tender No. IEBC14/2011-2012 were approved by the IEBC tender committee.
The second count was abuse of office by Oswago and Shollei who are accused of jointly using their offices to improperly confer a benefit on Face Technologies Limited by a approving the payment of Sh1.3billion to the company for the supply of EVID equipments without ascertaining that the devices supplied were, ” inspected, accepted and met the technical specifications in the contract.”
The matter was before Chief Magistrate Doreen Mulekyo at the Milimani Law Courts.
“Each accused person may be released on surety bond of half a million Kenya shillings or alternative cash bail of similar amount and the defence to be furnished with any other documentary evidence that the prosecution intends to rely on in addition to the copies of investigation diary at their own course,” she ruled.
She said the case is likely to be heard in the month of February.
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