BUNGOMA, KENYA: The Director of Public Prosecutions (DPP) has filed a petition at the high court seeking to recover over Sh1.8 million from seven ex-officials from Bungoma County government.
The seven were last month convicted with two counts each for willful failure to comply with procurement laws leading to the loss of Sh983,880 in the (in)famous Bungoma wheelbarrow scandal.
In the appeal dated July 23 and filed by state counsel Paul Juma, the DPP says that the trial magistrate failed to consider that the seven lacked remorse for their actions.
“Having been aggrieved by the sentence of the trial magistrate, the appellant herein consider this appeal,” read part of the petition of appeal.
He insists that the trial magistrate failed to appreciate that one of the counts the seven were acquitted of on grounds that the prosecution had not established to the required standards was curable.
The DPP wants the cost of wheelbarrows which was inflated by Sh929,880 be doubled and the fine be imposed on each of the seven.
“The trial magistrate erred by failing to appreciate the imposition of the mandatory additional fines of Sh1,859,760 which was to be imposed as a result of the loss suffered by the state as stipulated in section 48(1) (b) of the Anti-Corruption and Economic Crimes Act 2003 and which must be equal to two times the amount of benefit or loss described,” says the DPP.
The chief prosecutor pleads with the high court to compel each of the seven convicts to pay the mandatory fine.
John Juma Matsanza who was the acting secretary and the accounting officer was fined Sh800, 000 for the two counts of failure to comply with laws relating to the management of funds and incurring of expenditures.
The other six who were members of the tender committee paid a fine of Sh600,000.
They include, Howard Lukadilu, Oscar Onyango, Ayub Tuvaka, Arlington Shikuku, Jacquiline Nanjala and Reuben Cheruiyot.
The seven have also appealed the sentence lamenting that it was harsh and excessive.
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