Suspects in Bungoma wheelbarrow saga poke holes in prosecution evidence

One of the wheelbarrow that was at the center of the scandal some years back in Bungoma County. 

Seven people accused of buying wheelbarrows for the Bungoma County government at inflated prices have asked the court to dismiss the case.

Their lawyer, Sylvester Mandialo, said the prosecution had failed to prove its case against the accused, who include tender committee chairman Howard Lukadilu, vice chairman Oscar Onyango Ojwang, and accounting officer John Juma Matsanza.

Mandialo said the prosecution did not appreciated the fact that the said wheelbarrows are beyond the standards described by the Kenya Bureau of Standards. The lawyer explained that the wheelbarrows are made of stainless steel.

The prosecution presented 16 witnesses, many of whom the defence lawyer faulted for failing to conduct a market survey to find out how much stainless steel wheelbarrows cost. The nine wheelbarrows, which were for the county slaughterhouse, raised concerns after they were said to have cost Sh109,320 each.

"Even the investigating officer did not make an attempt to go to alternative counties or even to the Kenya Meat Commission to make a comparison of stainless steel wheelbarrows meant to handle food for human consumption. This means they did not establish the prices in the market," said Mandiano.

He said key people, especially the supplier (Jagla Enterprises), were not called to witness.

"The evidence produced by the prosecution leaves many gaps which the accused persons should not be left to fill. If the prosecution had brought key witnesses, they would have testified in favour of the accused," Mandiano told Chief Magistrate Bildad Ochieng'.

Mandiano said all  pre-qualified suppliers quoted the price of one wheelbarrow beyond Sh100,000. He said the accused bought from the lowest bidder.

Four pre-qualified companies were Biovet, which had quoted Sh136,700 per wheelbarrow, Jagla Enterprises (Sh109,320), Economic Crescent (Sh140,000), and Chemiaty Enterprises (Sh122,000).