Former Busia Governor Sospeter Ojaamong and eight others have been acquitted in the Sh8 million graft case.

Milimani Anti-Corruption Chief Magistrate Eunice Kagure Nyutu freed Ojaamong and his co-accused after ruling that the Director of Public Prosecutions (DPP) failed to prove the corruption charges against them.

“I have read the evidence as adduced in this case and find that the prosecution failed to prove all the charges against the accused persons under Section 215 of the Criminal Procedure Code, and I acquit them accordingly,” the magistrate Nyutu ruled.

In this case, the prosecution had called 20 witnesses in an attempt to prove its case.

However, the court found that their testimonies fell short of the threshold required for a conviction.

Ojaamong had been facing four corruption-related charges, including conspiracy to commit an economic crime, abuse of office, and engaging in a project without proper planning.

The charges stemmed from a solid waste management project initiated during his tenure as governor in 2014.

According to the prosecution, Ojaamong entered into a Memorandum of Understanding (MoU) with Berlin-based firm Madam R Enterprises during an official trip to Germany in April 2014.

The agreement, they argued, bypassed proper procurement procedures and lacked budgetary approval from the county government.

“The project was not budgeted for in the 2013/2014 financial year, and the firm was never procured competitively,” the prosecution told the court.

They further alleged that Ojaamong conferred an improper benefit to the firm by allowing it to conduct a feasibility study and initiate work worth Sh8 million.

However, in his defence, Ojaamong argued that the county followed all proper channels and that the project ultimately saved public funds.

“Madam R Enterprises spent close to Sh50 million paying casual workers and producing a feasibility study report,” Ojaamong testified.

“We only used Sh8 million to undertake two projects that were within our plans. The county would have spent Sh25 million had it handled this alone.”

He claimed the arrangement resulted in a cost-saving of Sh17 million for the county and denied that any money was embezzled.

The former governor also dismissed claims that the Germany trip was a personal excursion disguised as official business, asserting that the visit had full backing from the county’s leadership.

“We consulted stakeholders and the county assembly. We didn’t travel for leisure, and no conspiracy to commit an economic crime was ever formed,” he said.

Ojaamong further challenged the integrity of the prosecution’s case, noting that only three of the 12 executive members who attended the Berlin meeting were called as prosecution witnesses, and none testified to the existence of a conspiracy.

Initially, the court had found sufficient grounds to place them on their defence

In May 2020, trial magistrate Douglas Ogoti ruled that a prima facie case had been established against Ojaamong and his co-accused following the prosecution’s evidence and urged them to mount a defence.

Among those acquitted alongside Ojaamong are Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebastian Hallensben, and the firm Madam R Enterprises.

The group had been facing various charges, including fraudulent acquisition of public property, failure to pay taxes, and abuse of office.