County officials to face charges on Sh3.6m Red Cross ambulance deal

Thirteen senior county officials have a case to answer over a Sh3.6m deal with the Kenya Red Cross for six ambulances.

Delivering a 10-page ruling, Kericho senior Principal Magistrate Joseph Ndururi, said the court was satisfied that the prosecution had made a credible case against the accused.

However, the court freed the county secretary, Jonathan Soi, from abuse of office charge.

Mr Soi, was also absolved of a second charge of wilful failure to comply with the law or applicable procedures.

The Bomet country secretary was also exonerated from a third charge of fraudulent practice in procurement.

"I find that the prosecution has not made any prima facie case against Mr Soi. It is clear to me that that what he did was within his mandate as the county secretary. There is absolute no evidence that in his discharge of his duties with regards to the procurement of the ambulance services, he committed any act outside his mandate," ruled the magistrate.

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The magistrate added that the prosecution had failed to provide evidence that Mr Soi, participated in the procurement process.

JUSTICE SERVED

Speaking after the delivery of the judgement, Mr Soi who was accompanied by his lawyer Titus Koseyo said justice had been served almost a year after the case begun.

"I thank God and I am happy that justice has been finally delivered. And the court determined that I was not guilty. I am now happy I can resume my work in peace and place everything behind me," he said.

The magistrate placed Bomet county Health Executive Stanley Kiplangat Cheruiyot, former Chief Finance Officer (CFO) Rose Kositany, Chris Magerer, John Rono, Sammy Kirui, Joel arap Langat, Bernard Kosgei, on their defence.

Others put on their defence include Michael Cheruiyot, Ezekiel Chirchir, Bernard Chirchir, Peter Rotich, Corazon Chepkoech and Philip Cheruiyot.

"In the present case, the court is satisfied that the prosecution had made a prima facie case against the accused. Consequently they are all placed on their defence," said Ndururi.

The 13 are accused of jointly and willingly failing to comply with the applicable procedure and guidelines relating to procurement contrary to section 45 (2) (b) as read with section 48 (1) (a) of the Anti- Corruption and Economic Crimes Act.

The tender committee members are accused of fraudulently misinterpreting facts to influence the procurement of the ambulance services.

They also face a third count of fraudulent proceeding contrary to the procurement and disposal act.