The High Court has upheld the convictions of former IEBC officials James Oswago and Wilson Shollei, who were found guilty of unlawfully awarding a Ksh 1.3 billion tender for voter materials in the 2013 General Election.
In a judgment delivered by Justice Nixon Sifuna, the court confirmed the earlier convictions, stating that the prosecution had successfully demonstrated their guilt. Oswago, the former CEO of the IEBC, and Shollei, the former Deputy Commission Secretary for Support Services, were found to have violated procurement laws in the acquisition of electronic voter identification devices for the March 4, 2013 polls.
In December 2022, both were sentenced to pay a fine of Ksh 7.5 million each or face a four-year prison term for two counts of abuse of office and willful failure to comply with procurement laws.
The charges against Oswago and Shollei included their failure to secure approval from the IEBC tender committee for changes made to the contract with Face Technologies Limited, which was responsible for supplying Electronic Voter Identification in Tender No. IEBC14/2011-2012. Additionally, they were accused of improperly authorizing a payment of Sh1,397,724,925.51 for EVIDs without confirming that the devices met the necessary specifications.
Following their conviction, Oswago and Shollei appealed to the High Court. Justice Sifuna noted their obligation to ensure adherence to procurement laws, which he emphasized are crucial for proper governance.
“The sentences imposed were neither excessive nor lenient, and I see no reason to overturn them,” Sifuna stated, reaffirming the lower court’s decision.
This case has highlighted serious allegations against the IEBC regarding the improper awarding of the EVID tender to Face Technologies Ltd. Oswago and Shollei were co-defendants with Edward Kenga Karisa and Willy Gachanja Kamanga, who were acquitted due to insufficient evidence against them.
