Acquittals, setbacks and prominent trials unsettle the judicial system

Businessman Yagnesh Devani was acquitted in multibillion Triton oil scandal case on February 12, 2024. [Collins Kweyu,Standard]

As 2024 draws to a close, Kenya’s judicial system continues to grapple with the trials of some of the country’s most prominent figures embroiled in corruption cases.

The year has witnessed both setbacks and victories in the ongoing fight against corruption, with high-profile individuals from politics, business, and public service facing various charges.

From politicians like Sirisia MP John Waluke to former governors and public officials, the landscape of corruption trials has unfolded with a mix of acquittals, convictions, and ongoing trials and investigations.

A notable case that concluded this year was that of MP Waluke and his former business partner Grace Wakhungu, who was acquitted after a decade-long legal battle over allegations of theft in a government maize supply deal.

The Court of Appeal overturned the convictions in relation to the Sh300 million maize scandal involving the National Cereals and Produce Board (NCPB), which centred around fraudulent grain supplies that were never delivered.

Waluke and Wakhungu, who were initially sentenced to long prison terms of 67 years and 69 years, respectively, along with heavy fines of about Sh1 billion each for the irregular procurement of maize in 2004, were freed after the appeal court ruled that their convictions were unjustified.

READ: Acquittals: Do prominent persons get away without punishment?

Justices Asike Makhandia and Patrick Kiage, who delivered the ruling, set aside the sentences, citing flaws in the trial and High Court proceedings.

“The convictions and sentences imposed on the appellants are set aside,” the ruling stated, marking a significant victory moment for Waluke, who now walks free after years of legal entanglements.

Several former governors also faced graft-related charges this year.

Crackdown on corruption

Former Busia Governor Sospeter Ojaamong is embroiled in a case involving the alleged theft of Sh8 million. The case is part of a broader crackdown on corruption among county leaders, with Ojaamong’s trial ongoing as he faces accusations of misappropriating public funds.

Ojaamong, alongside his co-accused Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebastian Hallensben, and Madam R Enterprises (MRE), were charged in 2018 with conspiracy to commit an economic crime. 

The accused are alleged to have knowingly approved payments amounting to Sh8 million to Madam R Enterprises Ltd for a feasibility study on solid waste management, a project that had not been funded.

Following the presentation of evidence by the prosecution, which called 20 witnesses, the accused have now been placed on their defense.

Similarly, former Murang’a Governor Mwangi Wa Iria is facing prosecution over the theft of Sh351 million, alongside his wife and brother-in-law.

Their attempt to halt the prosecution failed in May, and they were subsequently charged with embezzlement. Wa Iria’s case has drawn significant attention, as the country continues to scrutinize the financial dealings of former county leaders.

Governance

Former Nairobi Governor Evans Kidero is another political figure still facing significant legal challenges.

Kidero, linked to two separate graft cases involving Sh213 million and Sh58 million, has been at the center of ongoing corruption court proceedings since April 2019. His case has raised concerns about governance and corruption at the county level, where millions of shillings were allegedly misused by Kidero and his associates during his tenure.

In the case, Kidero, along with former chief officers in his administration, has been charged with conspiracy to commit corruption, specifically fraud leading to the loss of Sh213,327,300 in public funds for services not rendered.

Other charges include conspiracy to commit corruption, abuse of office, fraudulent acquisition of public property, dealing with suspect property, and unlawful failure to pay tax to a public body.

Also facing charges are former county secretary Lilian Ndegwa, former chief finance officer Jimmy Mutuku Kiamba, former finance and planning minister Gregory Mwakanongo, former accounting head Stephen Ogago Osiro, former acting chief finance officer Luke Mugo, and former acting head of treasury Maurice Ochieng Okere.

One of the most high-profile ongoing cases involves former Migori Governor Okoth Obado, who is facing corruption charges alongside his children and several associates.

The family has been accused of amassing a multi-billion-shilling estate during Obado’s time in office, allegedly through corrupt means.

Network of companies

The prosecution alleges that Obado used a network of companies to launder over Sh500 million, with some of the funds being funnelled through his children, who were studying abroad.

Investigating officer Robert Ronoh’s testimony revealed a web of money laundering involving six companies that allegedly facilitated the theft of Sh505 million.

Obado and his co-accused face 26 graft charges, and the trial continues to unravel the complex financial dealings that led to their wealth.

The court recently heard how a list of multi-billion-shilling properties was recovered from the master bedroom of Obado’s son, revealing the extensive nature of the alleged corruption.

Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndungu, and three others are also facing charges in connection with the misappropriation of Sh588 million in a road tender scandal.

The prosecution claims that the tender for road upgrading in Kiambu County was marred by fraud, with the accused allegedly using their positions for personal gain.

In May, Waititu, in his defense, told the court that he is innocent and should be acquitted. He claimed that the charges were instituted because of his strong support for President William Ruto during the 2022 succession politics.

The court heard that when the Tanga Tanga political movement emerged, Waititu was one of its main proponents in Kiambu.

He claimed that due to his support for Ruto, the then-ruling class engineered his arrest and subsequent court charges.

ALSO READ: Acquittal of persons accused of graft should spur search for justice

“I supported the President so much. At the time, he was the Deputy President. I was sacrificed in a wider political war linked to the 2022 succession politics,” he said.

Prominent individuals

The case, in which the judgment is set to be delivered in February 2025, revolves around the misappropriation of Sh588 million in a road upgrading contract awarded to Testimony Enterprises Limited and Saika Two Estate Developers Limited.

However, it has not been all doom and gloom in the fight against corruption. Some prominent individuals have faced the full force of the law. For instance, the former CEO of the Independent Electoral and Boundaries Commission (IEBC), James Oswago, experienced a setback this year.

This was after the High Court upheld his four-year jail term and the conviction of former Deputy Commission Secretary Wilson Shollei, in relation to the Sh1.3 billion procurement of election materials scandal tied to the 2013 General Election.

The court found that Oswago and Shollei had violated procurement laws while acquiring electronic voter identification devices.

Oswago and Shollei were fined a total of Sh7.5 million or faced a four-year jail term after being found guilty on two counts of wilful failure to comply with procurement laws.

“The procurement of the election materials was neither transparent nor accountable,” Justice Nixon Sifuna stated, emphasizing the gravity of their actions that undermined the integrity of the election process.

Former Nairobi Governor Mike Sonko is back in court after the High Court recently overturned his previous acquittal in a Sh20 million corruption case. Sonko, along with businessman Antony Ombok Jamal, is accused of extorting Sh20 million from Web Tribe Limited to facilitate payments to Nairobi County for a revenue contract.

The court found that the previous acquittal was based on an outdated charge sheet and that the case should be retried, marking yet another chapter in Sonko’s ongoing legal troubles.

In another landmark decision in the fight against corruption, the Anti-Corruption Court delivered a ruling in August convicting former Samburu Governor Moses Lenolkulal, making him the first county governor in Kenya to be convicted of corruption.

Lenolkulal, who was found guilty of unlawfully acquiring Sh83 million through fraudulent fuel supply contracts with the county government, was sentenced to either pay a fine of Sh83.4 million or serve a four-year prison sentence.

The court found that Lenolkulal had awarded the contract to Oryx Service Station, a company he owned, in clear violation of ethical and legal standards. The case sent a strong message to public officials about the need for transparency and accountability.

The Sh791 million National Youth Service (NYS) scandal, which shocked the nation in 2015, continues to haunt former officials.