The High Court has upheld the conviction of former Independent Electoral and Boundaries Commission (IEBC) CEO James Oswago and his former deputy, Wilson Shollei, in a Kes 1.3 billion corruption case.
The two had appealed their conviction and sentencing related to procuring Biometric Voter Registration (BVR) kits for the 2013 General Election.
Ethics and Anti-Corruption Commission (EACC), which opposed the appeal before Milimani Anti-Corruption Judge Prof. Nixon Sifuna, welcomed Wednesday’s ruling dismissing the appeal.
“Judge Prof. Nixon Sifuna has dismissed appeals filed by former IEBC CEO James Oswago and his former Deputy Wilson Shollei concerning their conviction and sentence regarding the procurement of Biometric Voter Kits for the 2013 General Election,” the EACC stated.
Further, Justice Sifuna stressed that procurement laws are not cosmetic and must be adhered to.
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The Magistrate Court found Oswago and Shollei guilty and sentenced them to four years in prison each or a Kes 7.5 million fine.
Dismas Ogondi, then IEBC’s Director of Information and Communication Technology (ICT), testified at the trial, advocating canceling the Kes 1.3 billion contract awarded to South African firm Face Technologies for delivering Electronic Voter Identification Devices (EVID).
Ogondi highlighted the need for support during the process, noting that Face Technologies was unwilling to assist on Election Day, March 4, 2013.
He also raised concerns about who would manage the transfer of voter data from the BVR kits to the EVID, an issue that Oswago and his co-accused disregarded.
In his ruling, Justice Sifuna reaffirmed the legal provisions preventing Oswego and Shollei from holding any public office.
“Under section 64 of the Anti-Corruption and Economic Crimes Act, 2003, the two convicts remain ineligible for appointment or election to any public office,” he pointed out.
