By Tajeu Shadrack Nkapapa
The Director of Public Prosecutions (DPP) has called upon a Nairobi Anti-Corruption Court to convict former Busia Governor Sospeter Ojaamong on corruption charges and to impose suitable sanctions.
In his concluding arguments submitted today, Wednesday, 12th March 2025, the DPP contended that he had established the case against ex-Governor Ojaamong and his eight co-defendants beyond a reasonable doubt on all allegations.
Furthermore, the DPP requested that the court issue an order in accordance with Section 48 of the Anti-Corruption and Economic Crimes Act (ACECA), prohibiting all accused individuals from being elected or appointed to public office for a period of ten years.
Ojaamong was charged in conjunction with several individuals, as reported by the ODPP. These include Benard Yaite, the County Executive Member for Water, Environment, and Natural Resources; Lenard Ombira, the County Executive Committee Member for Finance and Economic Planning; Allen Omachari, the Chief Officer for Finance and Economic Planning; Samuel Ombui, the Head of Treasury Accounting; Edna Odoyo, the Finance Manager at Madam R Enterprises Limited; along with Renish Omullo, Sebastian Hallensben, and Madam R Enterprises Limited.
“The accused persons face various charges, including conspiracy to commit an economic crime, engaging in a project without prior planning, abuse of office, wilful failure to comply with laws on public funds management, fraudulently making payments from public revenue for services not rendered, fraudulent acquisition of public property, and failure to pay taxes,” the ODPP said on X.
The prosecution contended that the ninth accused, Madam R Enterprises Ltd., was unregistered at the time the Memorandum of Understanding (MoU) was executed, thereby invalidating the agreement.
Furthermore, the prosecution asserted that the entity compensated by the Busia County Government was predominantly involved in the hardware sector and did not possess the requisite qualifications, capacity, experience, resources, equipment, or facilities to fulfill the waste management contract.
“The prosecution further asserted that none of the Madam R Enterprises Ltd employees demonstrated that they had the requisite skills or qualifications for conducting waste management or feasibility studies. They also failed to demonstrate any prior experience in similar projects or their ability to secure a Ksh. 6.9 billion tender for Phase 2 of the project, which involved constructing a waste management plant,” added the ODPP.
The court was informed that from March 15, 2014, to September 25, 2014, in Busia County, the defendants collectively plotted to perpetrate an economic offense by devising a scheme to deceive the Busia County Government out of Ksh. 8 million under the guise of a feasibility study for an integrated solid waste management project proposed by Madam R Enterprises Ltd.
“The evidence is clear, credible, consistent, cogent, and sufficiently strong to leave no doubt in this honourable court that the accused persons committed the offenses for which they were charged,” the DPP submitted.
The Office of the Director of Public Prosecutions (ODPP) indicated that prior to concluding the case, the prosecution called upon 22 witnesses to substantiate the charges, among whom were two individuals who offered rebuttal evidence.
The court is scheduled to issue its judgment on May 16, 2025.