Polls chief executive James Oswago suspended

The electoral commission on Friday suspended its chief executive officer James Oswago and three other senior officers two days after they were arraigned in court over a Sh1.3 billion tender.

Mr Oswago’s co-accused are deputy secretary in charge of support services Wilson Shollei, finance and procurement director Edward Karisa and acting procurement manager Willy Kamanga. (READ: IEBC officials charged in court)

They were last Wednesday charged with abuse of office and failing to comply with procurement regulations after three months of investigations by Ethics and Anti-Corruption Commission.

The Independent Electoral and Boundaries Commission has subsequently appointed Mrs Betty Sungura-Nyabuto as acting chief executive, Mr Jason Ngute Akoyo as the finance and procurement director and Mr Benard Nyachieo as the procurement manager.

The commission, in a press statement by corporate affairs manager Tabitha Mutemi, said the officers had been suspended as per the Anti-Corruption and Economic Crimes Act.

“The law requires that a public officer who is charged with corruption or economic crimes to be suspended, with effect from the date of the charge till proceedings against him or her are discontinued, are acquitted or convicted,” said the statement.

However, IEBC noted that the suspended officers are innocent until proven guilty.

“IEBC remains focused on its core mandate and serving its stakeholders with utmost dedication,” the statement added.

Ms Mutemi maintained that preparations for the scheduled by-elections are ongoing and the exercise would not be affected by the changes.

Four by-elections are set to be held on December 19 after the nullification of the election of Bungoma senator Moses Wetang’ula and Lamu governor Issa Timamy.

In Kisii, two by-elections are set to be held on the same day in Nyaribare Chache and Bomachoge constituencies where the elections of Mr Joel Onyancha and Dr Chris Bichage respectively were nullified by the High Court.

The by-elections could prove to be a headache to the new officials given that the suspended officers were directly involved in planning them.

The charges against the four are a culmination of an investigation process that began early this year after recommendations by the Supreme Court.

The judges had ordered investigations and prosecution of electoral commission officials who may have been involved in impropriety during the procurement of electronic voters kit for use in the March elections.

OUT ON BOND

They made the recommendations in April after the conclusion of a petition filed by Cord leader Raila Odinga, who was challenging the election of President Kenyatta.

The suspended officers were released on Sh500,000 bond each.

Their case will be mentioned on November 14, when the court will also set the hearing date.