Were clean, Bomet County officials tell court

Were clean, Bomet County officials tell court

By Kimutai Kering

14 Bomet County Government officials were arraigned in court on Tuesday over the irregular procurement of ambulances from the Kenya Red Cross.

The officers, who were in the docks following accusations by the Ethics and Anti-Corruption Commission (EACC), appeared before Kericho Senior Principal Magistrate Joseph Ndururi.

The court was told that on various dates between October 20 2013 and December 20 2013, the accused jointly and willingly failed to comply with the applicable procedures and guidelines relating to procurement contrary to section 45(2) (b) as read with section 48(1) (a) of the Anti-Corruption and Economic Crimes.

Some of the accused persons also faced charges of abuse of office and acting contrary to various sections of the Public Procurement and Disposals Act.

Defense lawyers Peter Wanyama, Kimutai Bosek and Erastus Orina poked holes into the case terming it ‘faulty and politically motivated’.

Wanyama argued that the ambulance deal was made between two government entities and was therefore not subject to Section 4 of the Public Procurement and Disposals Act which the EACC used in their accusations against the Bomet officials.

The lawyer noted that the Kenya Red Cross Society is a government entity in accordance with the Kenya Red Cross Society Act, adding that Section 4 of the Procurement Act does not apply in a situation where one government entity procures goods and services from each other.

The state counsel, however, dismissed submissions by the defense, saying the County Government of Bomet conducted business with a company owned by the humanitarian society.

The accused persons, who include County Executive Committee Member for Health Stanley Cheruiyot and former Chief Finance Officer Rose Kositany, denied the charges and were released on a cash bail of Ksh50, 000 or a bond of Ksh100, 000 and a surety of a similar amount.

Defense lawyers asked the court to delay the taking of the pleas until a constitutional petition that the accused filed before the Bomet High Court was heard. Magistrate Ndururi, however, denied this application saying that the cases were properly before his court.

On her part, the state counsel opposed calls to halt the plea taking by the accused persons on the basis of the ongoing Constitutional Petition at the Bomet High Court. She said no order had been issued by the Bomet High Court Judge stopping the hearing of the graft case against the Bomet officials.

She further argued that the State had broken no law in preferring charges against the accused, adding that evidence to support the accusations would be provided as the case proceeded.

The Bomet officials are being charged under the Public Procurement and Disposals Act (2005) and the Economics Crimes Act of 2003.

The cases will be mentioned on December 18 with the hearing expected to take place between March 23 and March 25 next year.

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