Milimani Anti-Corruption Judge Prof Nixon Sifuna has dismissed appeals filed by former IEBC CEO James Oswago and his then Deputy Wilson Shollei against their conviction and sentence relating to the procurement of Biometric Voter Kits for the 2013 General Election.

In his ruling, Justice Sifuna said that procurement laws are not cosmetic and ought to be followed.

In 2013, the two were charged with breaching procurement laws. The charges stemmed from allegations that they failed to ensure that amendments to a contract awarded to Face Technologies Limited for the supply of Electronic Voter Identification Devices (EVIDs) under Tender No. IEBC14/2011-2012 received approval from the IEBC tender committee.

Additionally, the two were accused of using their positions to improperly benefit Face Technologies by authorizing a payment of Sh1,397,724,925.51 without confirming that the devices met contract specifications and were properly inspected and accepted.

On December 5, 2013, they were found guilty by trial Magistrate Felix Kombo. Originally, four individuals were implicated in the case, but Oswago and Shollei were convicted for failing to adhere to procurement laws.

The lower court found the two guilty of abuse of office and willful failure to comply with the procurement laws and sentenced them to a Kes7.5 million fine or four years in jail each.

In addition, according to section 64 of the Anti-Corruption and Economic Crimes Act, of 2003, the two convicts remain ineligible for appointment or election to any public office.

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