The Anti-Corruption Court has convicted former Independent Electoral and Boundaries Commission (IEBC) CEO James Oswago over the irregular award of Ksh1.3 billion tender for the supply of voter materials in the 2013 general elections.
In a judgement rendered by Magistrate Felix Kombo, Oswago and deputy commissioner, Wilson Shollei, were convicted after the court found them guilty of failure to comply with procurement laws over elections material tender.
While convicting them, the magistrate found that the prosecution proved beyond reasonable doubt that they failed to comply with the law relating to procurement when they procured Electronic Voter Identification Devices (EVID) for the March 4, 2013, general election.
It is said that James Oswago asked for kickbacks during the procurement to purchase ballot papers for Shinyalu, South Mugirango and Bomachoge by-elections and the 2010 Constitutional referendum.
They are alleged to have conspired with officials of UK-based printers of election ballot papers, Smith and Ouzman, to pocket millions in bribes in a scandal code-named ‘Chickengate’.
James Oswago alone is accused of failing to comply with procurement laws on May 7, 2010, by awarding a contract for the supply of 57,000 ballot papers for the South Mugirango by-election to Smith and Ouzman Ltd in contravention of the public procurement and disposal regulations.
He faces another charge of receiving Ksh 2 million from Hamida Ali Kibwana as an inducement to have IEBC award a contract for the printing of OMR corrections forms to the same company.
In his ruling, the judge sentenced Oswago to four 4 years in prison or pay a fine of Ksh 7.5 million.
