Former County Chief Finance Officer Jimmy Kiamba and three others have been jailed for a total of 34 years in the Sh 18 million corruption case.
Kiamba was sentenced alongside former Senior Secretary in the department of finance Regina Chepkemboi Rotich, former Head of Treasury Stephen Ogaga Osiro and Secretary Lilian Wanjiru Ndegwa.
Justice Esther Maina gave the four an alternative to pay a total fine of Sh 20 million to secure their freedom.
The judgement is as a result of the Ethics and Anti-Corruption Commission appealing the case after the convicts were acquitted by the magistrates’ court.
The EACC argued that the trial court relied wholly on the evidence of defence and entirely disregarded evidence adduced by the prosecution.
The jailed officials were accused of corruption which resulted from fraudulent purchase of window blinds for the office of Nairobi county Chief Finance officer in 2014 which were never supplied.
The convicts faced nine charges including abuse of office, fraudulently making payment from public revenue for goods not supplied.
Kiamba alone will pay a total of Sh 10.7 million fine. In default, he will serve a 3 year jail term.
On the other hand, Ndegwa will pay a total of Sh 9.6 million or serve three years.
Rotich and Osiro will pay Sh 1.2 million fine or serve a similar jail term.
Former anti-corruption court Chief Magistrate had acquitted the four on grounds of insufficient evidence in January 2018.
The judge’s finding
However, Judge Maina ruled that the trial magistrate erred in acquitting them since there was sufficient evidence to support the charges.
“It is my finding therefore that the magistrate erred in acquitting them when the prosecution had produced overwhelming evidence of proving their guilt,” Justice Maina ruled.
Kiamba’s lawyer Philip Nyachoti had argued that the curtain blinds were indeed supplied.
He added that there was no procurement process in place at the County Government at the time.
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Justice Maina dismissed their defence saying that Kiamba and Ndegwa acted in blatant violation of the law governing public procurement and ought not to have been acquitted.
“Kiamba’s participation in the procurement of curtain blinds is sufficient to sustain a conviction,” Justice Maina added.
