We're scapegoats, Bungoma wheelbarrow convicts say

The convicts (from left) Juma Matsanza, Howard Lukadilu, Oscah Onyango, Ayub Tuvaka, Arlington Shikuku, Jacquline Nanjala and Ruben Cheruiyot Rutto appearing before Kakamega Chief Magistrate Bildad Ochieng' yesterday. [Benjamin Sakwa, Standard]

Seven persons convicted for irregular purchase of wheelbarrows in 2015 in Bungoma County have said they are mere scapegoats and that the real corrupt officials are free.

In mitigation, through lawyer Victor Shivega, the convicts said there was a concerted effort by the State to deviate from the course of justice.

The seven were convicted on two counts each for willful failure to comply with procurement laws leading to incurring of excessive expenditure.

Top officers

Mr Shivega, in his submissions, in an indirect reference to former top officers of Bungoma County, said the officials who were defending the allegation of theft were the grand beneficiaries of the corruption money.

“We understand that this is a matter of public interest. However, it is evident that the real perpetrators are not before court and were never charged. The accused persons herein are just scarecrows and if we shall continue arraigning scarecrows, we shall never win the fight against corruption in the country,” said Shivega.

He affirmed that the person who was saying there was no such case of corruption when it fast came to public light was the grand beneficially.

“There are people who came out to say that there was no money lost in the county government. These are the real persons who benefited from such proceeds,” he submitted.

The seven convicted persons include John Juma Matsanza, Howard Lukadilu, Oscar Onyango Ojwang' and Ayub Tuvaka China.

Others held at Kakamega prison are Arlington Shikuku Omushieni, Jacquiline Nanjala Namukali and Reuben Cheruiyot Rutto.

Shivega's sentiments were echoed by his co-lawyer Sylvester Mandialo, who asked Chief Magistrate Bildad Ochieng' not to succumb to political pressure while passing the sentence.

He said in the pursuit of public interest, the rights of accused persons should not be jeopardised. He asked the magistrate to see it fit to pass a fine as opposed to a custodial sentence as per the Anti-Corruption and Economic Crimes Act, 2013.

Mandialo said since the seven who were members of the tender committee were first time offenders, they did not qualify to earn a maximum sentence as stipulated in the Act.

The magistrate will give a judgment on Friday.