Former Bonchari MP appeals against 3-year conviction

Former Bonchari MP Pavel Oimeke. [Sammy Omingo, Standard]

Former Bonchari MP for Pavel Oimeke has appealed against his three-year jail sentence for receiving a bribe.

Oimeke, in his appeal, argues that the trial magistrate Peter Ooko convicted and jailed him when the charge of receiving a bribe of Sh200,000 was not proved beyond reasonable doubt and wants the High Court to overturn the decision.

"The magistrate erred by convicting me when the evidence submitted by the prosecution failed to support the charge given that even the prosecution witnesses themselves confirmed that I did not receive the money," said Oimeke.

The former MP claimed that he was wrongly convicted even after proving that his arrest and prosecution were a result of a set-up by the Ethics and Anti-Corruption Commission (EACC) which planted the money in an envelope.

He added that the magistrate relied on uncorroborated evidence since the prosecution failed to call any witness to identify a voice recording in which he was captured discussing the bribe amount with the complainant.

According to Oimeke, the magistrate also relied on evidence that had been recanted by a witness to convict him in a manner that goes against the rules of natural justice. "He wrongly passed a harsh sentence without any basis without considering my defence and solely relying on the insufficient evidence provided by the prosecution," he said.

Oimeke, who at the time of committing the offence in December 2020 was the Director General of the Energy and Petroleum Regulations Authority (Epra) was sentenced last month for receiving the Sh200,000 bribe to authorise the reopening of a petrol station in Oyugis town, Homa Bay County.

The magistrate ruled that the former MP held a high position as the chief executive officer of a State corporation which called for integrity and accountability of his office but he failed to exhibit the trust which was required of him by receiving the bribe.

The incident leading to the bribery demands and payments started in September 2020 when Epra raided the Nyanginya filling station in Oyugis and found them selling adulterated fuel.

The proprietor Pamela Awuor stated that she was fined Sh370,000. After paying the fine, she said Epra refused to reopen her station. Her station manager Wycliff Odhiambo said Oimeke demanded a bribe of Sh500,000 but he negotiated for Sh200,000.