Office of Directorate of Public Prosecutions (ODPP) led by Noordin Haji has filed a notice of appeal, seeking to reverse a decision by the High Court to acquit five suspects who had been convicted by a lower court for failure to comply with procurement procedures, leading to the purchase of nine wheelbarrows at an inflated price in Bungoma County.
The DPP’S office, in its filing yesterday said it is dissatisfied with the decision made by Justice Jesse Njagi on October 1.
“Take note that the respondent, DPP, being dissatisfied by the entire judgement and orders of the Honourable Justice J.N Njagi delivered and dated at Kakamega on October 1, 2020, intends to appeal to the Court of Appeal against the whole of the said decision,” reads the notice.
The High Court in Kakamega acquitted Ayub Tuvaka, Howard Lugadili, Oscar Onyango, Arlington Shikuku and Reuben Ruto of the charges levelled against them, ruling that the grounds for conviction of the five were marred by illegality and were against the spirit of the Constitution.
The suspects were convicted by Chief Magistrate Bildad Ochieng’ in 2018 for wilful failure to comply with procurement and tendering procedures, which saw the wheelbarrows each bought at Sh109,320.
The five had been accused of not following the public procurement procedures leading to the procurement of wheelbarrows at inflated prices on behalf of Bungoma County.
One wheelbarrow was said to cost the county over Sh100,000.
But in his ruling last week, Justice Jesse Njagi quashed and set aside the ruling of the lower court that had convicted the five suspects.
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Justice Njagi ruled that the lower court had failed to take into consideration the fact that the Ethics and Anti-Corruption Commission was not properly constituted when the investigations against the appellants commenced, rendering the entire trial null and void.
He also declined the plea of the prosecution to order a retrial on the same evidence, arguing that the move would put the prosecution in a quagmire.
The lower court had found the suspects guilty and fined them Sh300,000 for each count, failure to which they would be imprisoned for one-and-a-half year.
