DPP calls for conviction of former Busia Governor Sospeter Ojaamong in Sh8 Million graft case

The Director of Public Prosecutions (DPP) has urged the Nairobi Anti-Corruption Court to convict former Busia Governor Sospeter Ojaamong and his co-accused in an Sh8 million corruption case, emphasizing that the evidence presented proves their guilt beyond a reasonable doubt.

In final submissions filed on Wednesday, the prosecution maintained that Ojaamong and eight co-accused individuals participated in fraudulent financial dealings that resulted in the misuse of public funds.

Call for Strict Penalties

The DPP has also requested the court to impose a ten-year ban on the accused from holding public office, citing Section 48 of the Anti-Corruption and Economic Crimes Act (ACECA). This aligns with past cases where government officials found guilty of graft have been legally barred from leadership positions.

Among those charged alongside Ojaamong are former county executives and business associates, including:

Benard Yaite – Former County Executive Member for Water, Environment, and Natural Resources

Lenard Ombira – Former County Executive Committee Member for Finance and Economic Planning

Allen Omachari – Former Chief Officer for Finance and Economic Planning
Samuel Ombui – Former Head of Treasury Accounting

Edna Odoyo – Finance Manager at Madam R Enterprises Limited
Renish Omullo, Sebastian Hallensben, and Madam R Enterprises Limited

The charges range from conspiracy to commit an economic crime, abuse of office, and fraudulent payments to unlawful acquisition of public funds—offenses that have been at the center of many corruption scandals across Kenya.

Similar Past Corruption Scandals

Ojaamong’s case is reminiscent of other high-profile graft cases involving county chiefs. For instance, in 2022, former Nairobi Governor Mike Sonko faced corruption and abuse of office charges linked to the misappropriation of over Sh357 million.

Similarly, former Kiambu Governor Ferdinand Waititu was recently charged in a Sh588 million corruption case, reinforcing concerns over systemic misuse of county funds.

The case also mirrors past scandals, such as the Kimwarer and Arror dams scandal, where contracts were irregularly awarded to foreign firms that lacked the capacity to deliver on large-scale infrastructure projects.

These cases highlight a recurring trend of financial misconduct among public officials, where mismanagement, fraudulent contracts, and lack of accountability result in the loss of millions in taxpayer money.

Fraudulent Contracting and Unqualified Firms

One of the key arguments in the prosecution’s case against Ojaamong and his co-accused is the involvement of Madam R Enterprises Ltd, a company that was not registered at the time it signed a Memorandum of Understanding (MoU) with the county. This rendered the agreement legally invalid and raised questions about the due diligence process in awarding contracts.

Moreover, evidence presented in court revealed that Madam R Enterprises was a hardware supply company, lacking the necessary expertise to execute a waste management project.

The prosecution emphasized that none of the company’s employees possessed the technical expertise required to conduct feasibility studies or implement the Sh6.9 billion waste management project, further exposing the fraudulent nature of the deal.

According to court documents, the accused conspired between March 15, 2014, and September 25, 2014, to defraud the Busia County Government of Sh8 million. The fraudulent payment was made for a feasibility study on an integrated solid waste management project, despite clear evidence that the firm lacked the capacity to execute the contract.

To support its case, the prosecution called 22 witnesses, including two rebuttal witnesses, whose testimonies further reinforced the allegations of financial misconduct.

Judgment

The case is now closed and the Anti-Corruption Court is expected to deliver its judgment on May 16, 2025. If convicted, Ojaamong and his co-accused could face steep penalties, including fines, asset recovery, and possible jail terms.

As the country continues its fight against the wanton corruption in county governments, this case serves as yet another critical test for the justice system.