Former Busia Governor Sospeter Ojaamong and eight other co-accused persons have been acquitted in a corruption case involving the alleged misappropriation of Ksh 8 million. The ruling, delivered by Magistrate Eunice Nyutu, found that the prosecution failed to present sufficient evidence to prove the charges beyond a reasonable doubt.
The case revolved around accusations that Ojaamong and his co-accused conspired to defraud the Busia County Government by misusing funds allocated for a feasibility study on an integrated solid waste management project. The project was to be executed by Madam R Enterprises Ltd, a company also charged in the case.
The accused included several key county officials: Benard Yaite, the Water County Executive Committee (CEC) member; Lenard Ombira, the Finance CEC; Allen Omachari, Chief Officer for Finance and Economic Planning; Allen Omachari in his capacity as Head of Treasury Accounting; Samuel Ombui, Finance Manager at Madam R Enterprises Ltd; Edna Odoyo; Renish Omullo; Sebastian Hallensben; and the company Madam R Enterprises Ltd.
Despite the serious nature of the charges, the court found that the prosecution failed to provide evidence proving that the accused made any false presentations or engaged in tax evasion, as had been alleged. Magistrate Nyutu stated, “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.”
This verdict highlights the importance of sufficient and compelling evidence in corruption trials, underscoring the judiciary’s commitment to upholding the principle of innocent until proven guilty. The acquittal frees the former governor and his associates from the allegations, allowing them to continue their careers without the shadow of the unresolved graft case.
The case has drawn attention to the challenges faced in prosecuting corruption, especially in county governments, where accountability and transparency remain critical issues. The ruling sets a precedent that the prosecution must meet high evidentiary standards for successful convictions in similar cases.