DPP Ingonga Wants Former Busia Governor Found Guilty Of Corruption

The Director of Public Prosecutions (DPP), Renson Ingonga, has pushed for former Busia Governor Sospeter Ojaamong and his eight co-accused to be found guilty of corruption charges.

The DPP, while filing his final submissions on Wednesday, March 12, urged a Nairobi Anti-Corruption Court to also consider imposing severe penalties, including a ban from holding public office for 10 years.

According to a statement from the DPP's office, the DPP asserted that the prosecution had unequivocally proven its case beyond a reasonable doubt. The charges stem from a multi-million shilling scandal linked to an allegedly fraudulent waste management project in Busia County.

Ojaamong was charged alongside top former county officials, including Benard Yaite (Water, Environment, and Natural Resources CEC), Lenard Ombira (Finance and Economic Planning CEC), Allen Omachari (Chief Officer for Finance and Economic Planning), Samuel Ombui (Head of Treasury Accounting), and Edna Odoyo (Finance Manager at Madam R Enterprises Ltd).

Also charged are Renish Omullo, Sebastian Hallensben, and the company Madam R Enterprises Ltd itself.

Former Busia Governor Sospeter Ojaamong (far left) and his co-accused in court on March 12, 2025. /ODPP

The accused persons face various charges, including conspiracy to commit an economic crime, engaging in a project without prior planning, abuse of office and wilful failure to comply with laws on public funds management.

Other accusations include fraudulently making payments from public revenue for services not rendered, fraudulent acquisition of public property, and failure to pay taxes.

A key prosecution argument centered on Madam R Enterprises Ltd, which the DPP revealed was not even registered at the time of signing the multimillion-shilling Memorandum of Understanding (MoU).

Additionally, the firm was found to be a hardware supplier with no expertise, capacity, or experience in waste management, raising serious questions about how it secured the lucrative deal.

"The prosecution submitted that the ninth accused, Madam R Enterprises Ltd., was not registered at the time of signing the Memorandum of Understanding (MoU), rendering the agreement null and void," the statement read in part.

"Additionally, the prosecution argued that the entity paid by the Busia County Government was primarily engaged in the hardware business and lacked the necessary qualifications, capacity, experience, resources, equipment, and facilities to execute the waste management contract."

The court heard that between March 15 and September 25, 2014, the accused conspired to defraud the Busia County Government of Ksh8 million, allegedly for a feasibility study on an integrated solid waste management project.

However, the prosecution contended that neither the company nor its employees had the qualifications or technical know-how to execute the project, let alone secure the Ksh 6.9 billion tender for its second phase.

“The evidence is clear, credible, and overwhelmingly strong. This honorable court should find the accused guilty as charged,” the DPP’s submission read.

In a gripping case, the prosecution presented 22 witnesses, including two rebuttal witnesses, to dismantle the defense's arguments. With compelling testimonies and forensic financial evidence, the case now hinges on the court’s judgment, expected on May 16, 2025.

If convicted, Ojaamong and his co-accused face severe legal repercussions, including hefty fines, jail terms, and a mandatory 10-year ban from holding any public office. This case is seen as a litmus test for Kenya’s anti-corruption war and could set a precedent for future graft prosecutions.

As the countdown to judgment day begins, all eyes will be on the Nairobi Anti-Corruption Court to see if justice will be served in one of Kenya’s most high-profile corruption cases.

This would notably follow in the footsteps of a high-profile Ksh588 million corruption case that saw former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Babayao, sentenced to 12 years in prison or ordered to pay a fine of Ksh53 million after he was found guilty in the case that had dragged for several years.