Seven wheelbarrow scandal convicts contest sentence

From left: Juma Matsanza, Howard Lukadilu, Oscah Oyango, Ayub Tuvaka, Arlington Shikuku, Jacquline Nanjala and Ruben Cheruiyot Rutto in dock at a Kakamega court on June 11. [File, Standard]

The seven people convicted for buying wheelbarrows at an inflated price in Bungoma County have appealed their conviction and sentence.

In their petition of appeal, the seven claim Chief Magistrate Bildad Ochieng’ convicted them using a “fatally defective charge sheet”.

“Having been aggrieved and dissatisfied by the judgment and orders issued by the trial magistrate, the appellants prefer this criminal appeal seeking the said orders to be set aside,” reads the petition in part.

Valuation report

Through lawyer Sylvester Mandialo, they say that the anti-corruption magistrate erred in law and fact by basing his decision to convict them on the pronouncement of a valuation report prepared by an unqualified person.

The seven were all convicted on two counts of willful failure to comply with the law relating to the management of funds and incurring expenditures by buying one wheelbarrow at Sh109,302 instead of Sh6,000 as it was established after market survey.

Six of the accused were tender committee members who were slapped with Sh600,000 fine with an alternative custodial sentence of three years imprisonment.

They include Howard Lukadilu, Oscar Onyango, Ayub Tuvaka, Arlington Shikuku, Jacquiline Nanjala and Reuben Cheruiyot.

Jail term

John Juma Matsanza, who was the acting accounting officer and the county secretary, was fined Sh800,000 or serve a four-year jail term in default.

The convicts hold that the magistrate grossly erred in ignoring the contradiction of prosecution witnesses, particularly whether or not member of inspection and acceptance committee conducted a market survey.

The convicts say the trial magistrate erred in law and fact for relying on investigations conducted by an anti-graft body which was not properly constituted.

The petition of appeal has been received by the Deputy Registrar Josephine Maragia.

According to the convicts, EACC did not have a chair and commissioners in office by the time the investigations were conducted.

They have, however, paid the fines as ordered by the court.