A former official in the office of the Director of Public Prosecutions condemned to pay Sh600,000 or serve four years in jail for abuse of office has lost an appeal over the verdict delivered in November last year.
Justice Mumbi Ngugi dismissed the appeal by William Osoro and upheld the lower court’s decision. Osoro was a Senior Principal Administrative Officer in the Office of the DPP.
He had filed an appeal against the conviction by Milimani Chief Magistrate’s Court dated November 12, 2019.
Osoro in August 2018 was charged with the offense of abuse of office.
The particulars of the offense were that between September 1, 2013, and April 25, 2018, in Nairobi, he arbitrarily directed the use of fuel card Number 1122003953 for the purchase of fuel, lubricants, and pit stop services valued at Sh7,902,250.28, an act which was prejudicial to the office of the DPP.
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He pleaded not guilty to the charges and after a full trial, he was found guilty of abuse of office and sentenced to four years in jail or a fine of Sh600, 000.
Dissatisfied with both his conviction and sentence, he lodged his appeal in November 2019.
In the appeal, Osoro claimed the trial court failed to properly appraise the evidence before it, and by reason of such failure, reached a wrong conclusion and dismissed his defence. He noted that the court also failed to take into consideration that the prosecution case had material inconsistencies consistent with his innocence.
Osoro’s deal was unraveled after Paul Kago Mbugua, a Chief Internal Auditor at the ODPP proposed the preparation of a work plan for the period July 1, 2016, to June 30, 2017. One of the activities to be implemented under the work plan was a transport and fuel management audit.
An audit report on fuel and transport management was prepared and it exposed him.
“I find no merit in this appeal. It is hereby dismissed and the conviction and sentence upheld,” the judge said.