EACC applies to recover assets from wheelbarrow convicts

EACC headquarters in Nairobi. [Photo: Courtesy]

The sentencing of seven people found guilty in the Bungoma wheelbarrow saga has been pushed to June 15 to enable the anti-corruption commission to recover lost money.

Juma Matsanza, Howard Lukadilu, Oscar Onyango, Ayub Tuvaka, Arlington Shikuku, Jackline Nanjala and Reuben Cheruiyot were convicted last Thursday on four counts of wilful failure to comply with procurement laws, causing the county to incur excessive expenditure.

The members of the county tendering committee were accused of colluding to buy wheelbarrows at an inflated cost of Sh109,320 each in 2015 when prevailing market prices showed each would cost between Sh2,500 to Sh3,500. 

Chief Magistrate Bildad Ochieng’ moved the sentencing to Friday to enable the convicts to reply to the application by the Ethics and Anti-Corruption Commission (EACC), which is seeking to recover lost funds.

Convicts’ wealth

In a notice of motion, Grace Omweri asked the court to allow EACC to repossess part of the convicts’ wealth to compensate the county government.

In a supporting affidavit, Patrick M’mbijjiwe, who is also attached to EACC, asked the court to order the convicts to repay Sh983,880 from the purchase of nine wheelbarrows.

Mr M’mbijjiwe said the county would have paid Sh54,000 only for the purchase of wheelbarrows hence the excessive payments needed to be recovered and given back to the government.

The chief magistrate allowed Lukadilu, Tuvaka, Shikuku and Nanjala to seek medical treatment at Kakamega Prison Hospital after their lawyer Sylvester Mandialo told court they had high blood pressure. 

“The mitigation and sentencing have been deferred to Friday to enable the defence reply to EACC's application. The four person are to be escorted for treatment at the prison hospital,”  ruled Mr Ochieng'.