Bungoma wheelbarrows: State opposes freeing of 5 convicts

From left: John Juma Matsanza, Howard Lukadilu, Oscar Onyango, Ayub Tuvaka, Arlington Shikuku, Jacqueline Nanjala and Reuben Cheruiyot during a past court proceeding. [File, Standard]

The freedom for five convicts in the Bungoma wheelbarrow scandal may be short lived following the decision by the prosecution to appeal.

The Director of Public Prosecutions (DPP) filed notice of appeal against the High Court judgment that released the five suspects. Prosecutor Peter Kiprop, said the office was dissatisfied by Justice Jesse Njagi’s decision.

The notice received by the Kakamega deputy registrar’s office was filed a week after Ayub Tuvaka, Howard Lugadili, Oscar Onyango, Arlington Shikuku and Reuben Ruto who had been convicted by the magistrate’s court were released.

They had been accused of failure comply with the procurement procedures which led to the purchase of nine wheelbarrows at an inflated cost Sh109,320 each and convicted by Chief Magistrate Bildad Ochieng in 2018. 

Breached procedures

The particulars of the charge on a separate count was that on January 10, 2014 at the Bungoma county offices, the tender committee breached procurement procedures by awarding the contract of supply of nine wheelbarrows to Jagla Enterprises.

Upon trial, the magistrate’s court found them guilty in each of the counts and fined Sh300,000 or one and half year imprisonment. They appealed.

On October 1, Justice Njagi released them saying the lower court failed to consider that the Ethics and Anti-Corruption Commission was not properly constituted when the investigations against the five commenced.

He also declined the plea of the prosecution on ordering for a retrial on the same evidence arguing that the move would cause the prosecution into an unprecedented quagmire.