Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

- Former Busia governor Sospeter Ojaamong is now a free man after a Nairobi court acquitted him of corruption charges linked to an alleged fraudulent KSh 8 million tender.

The ruling, delivered on Friday, May 16, by Chief Magistrate Eunice Nyutu, brought a moment of relief for Ojaamong and eight of his co-accused, ending years of legal battles that had cast a shadow over the former county boss’s political legacy.

The case revolved around a purported feasibility study on an integrated solid waste management project, said to have been carried out by Madam R Enterprises Limited.

Ojaamong and his co-accused were charged with conspiring to defraud the Busia County Government by awarding a tender that the prosecution claimed was irregular and unsubstantiated.

However, in her detailed judgment, Magistrate Nyutu ruled that the prosecution failed to meet the legal threshold required to sustain a conviction.

She pointed out that none of the witnesses brought to testify presented convincing evidence of criminal intent or financial loss.

"I am not persuaded that the conviction was viable. I find that the prosecution failed to prove all the charges against the accused persons, and I acquit them accordingly," Nyutu ruled.

She added that under Section 215 of the Criminal Procedure Code, the court was obliged to acquit the accused since the prosecution failed to prove any of the eleven charges.

The prosecution had accused the group of engaging in an unlawful conspiracy to siphon public funds through a fictitious consultancy.

But the court dismissed these claims, stating that the tendering process was procedurally sound and that a feasibility report was indeed delivered to the Busia County Government.

Magistrate Nyutu noted that the defence presented documentary evidence, including minutes of meetings, resolutions from the County Assembly, and budgetary allocations, confirming that the expenditure had been planned and approved for the 2013–2014 financial year.

Furthermore, Nyutu emphasised that none of the 20 prosecution witnesses pointed to any missing funds or personal gain by the accused individuals.

"The defence council, Ligunya Stephen, Samantha Nangala and Wangalwa Oundo did provide evidence to support that indeed a visibility study was done and a report submitted to the county government," she stated.

In a final procedural move, the court ordered the release of all bonds and securities deposited by the accused during the trial period

Elsewhere, the Court of Appeal acquitted Sirisia MP John Waluke and his co-accused Grace Wakhungu, overturning their previous convictions for fraudulently receiving KSh 297 million from the National Cereals and Produce Board.

Initially sentenced to 67 and 69 years in prison respectively, or hefty fines, their appeal to the High Court was dismissed.

However, the appellate court identified significant procedural errors and gaps in the lower courts' handling of the case, leading to the reversal of the convictions.

Source: TUKO.co.ke