Former electoral commission chief executive James Oswago has been charged alongside two others with 12 counts of graft linked to the Chickegate scandal.
Mr Oswago’s and his co-accused Hamida Ali Kibwana and Trevy Oyombra on Wednesday appeared before magistrate Lawrence Mogambi at Milimani Law Courts in Nairobi over the Sh50 million scam.
The money is alleged to have been paid as bribe by a UK firm, Smith & Ouzman, to former members of the defunct Interim Independent Electoral Commission (IIEC) and the Kenya National Examination Council to award it a printing tender.
Mr Oswago is accused of wilful failure to comply with applicable procedures and guidelines relating to procurement of goods.
“On May 7, 2010 at the IIEC offices in Nairobi County being the accounting officer of the IIEC wilfully failed to comply with the law relating to procurement of goods by the awarding of contract for the supply of 57,000 ballot papers for the South Mugirango by-election to the Smith and Ouzman Ltd in contravention of the Public Procurement and Disposal Regulations 2006,” read the court documents.
In July last year, the Ethics and Anti- Corruption Commission (EACC) recommended the charging of Mr Oswago and three other junior poll officials but exonerated top officials mentioned in a London court as having pocketed hefty bribes totalling £349,057.39 (Sh45.4 million).
The bribes were codenamed ‘chicken’ as per email exchanges obtained by investigators.
The former IEBC boss is also accused of receiving Sh2 million on August 13, 2010 from Mr Kibwana as an inducement to have the IIEC award a contract for the printing of OMR Correction forms to Smith and Ouzman Limited, contrary the Anti-corruption and Economic Crimes Act.
Mr Oswago and Mr Kibwana were yesterday freed on a Sh600,000 cash bail each while Mr Oyombra was released on a Sh1 million cash bail. The EACC detectives earlier in the day arrested the three co-accused and held them at Integrity Centre before taking them to court.
“There is no single investigation in this. A chief executive officer cannot be responsible for all the ills of society, I said no,” said an agitated Mr Oswago before being whisked in a waiting police car.
The three were later taken to the Milimani Law Courts to face charges against them relating to 2010 referendum ballot papers as well as Shinyalu and Bamachoge election papers.
Late last month, Director of Public Prosecutions Keriako Tobiko ruled out blanket immunity to former IEBC officials, saying the legal process was still underway.
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