Investigations Background

In the year 2017, the Ethics and Anti-Corruption Commission, received a report that the County Assembly of Homabay had embezzled public funds million purportedly paid out as imprest to senior officials of the county assembly during the FY 2016/2017

Recommendations

Upon completion of the investigations, the Commission submitted its investigation report to the DPP who concurred with the Commission’s recommendations to charge the following persons with various offences;

1. Christopher Bob Otieno – Clerk to the Assembly
2. Caroline Sang – Principal Finance Officer
3. Maurice Odwuor Amek – Senior Accounts Controller
4. Michael Owino Ooro – Majority Leader, First Assembly
5. Isaac Ouso Nyandenge – Minority Leader, First Assembly
6. Judith Akinyi Omogi – Nominated Member of County Assembly
7. Edwin Omondi Okello – Assembly Cashier

Prosecution

On 17^th August, 2018, the suspects were arrested and arraigned before the Homa Bay Law Courts where they pleaded not guilty to the charges. The prosecution called a total of 31 witnesses.

Today 17^th June 2022, the magistrate, Hon. Thomas Obutu, Senior Principal Magistrate convicted and sentenced the accused persons; Christopher Bob Otieno, Caroline Sang, Michael Owino Ooro, Isaac Ouso Nyandenge and Judith Akinyi Omogi as follows;

Count I; Bob Kephas Otieno, Caroline Sang, Maurice Odwuor Amek and Michael Owino Ooro each sentenced for the offence of Conspiracy to commit an offence of corruption to pay a fine of Kshs. 500,000/- in default to serve 3 years’ imprisonment

Count II; Bob Kephas Otieno sentenced for the offence of unlawful acquisition of public property to pay a fine of Kshs. 8,600,000/- in default to serve 6 years’ imprisonment.

Count III; Caroline Sang sentenced for the offence of unlawful acquisition of public property to pay a fine of Kshs. 14,424,278/- in default to serve 6 years’ imprisonment.

Count IV; Maurice Odwuor Amek sentenced for the offence of Unlawful acquisition of public property to pay a fine of Kshs. 14,424,278/- in default to serve 6 years’ imprisonment.

Count V; Michael Owino Ooro sentenced for the offence of Unlawful acquisition of public property to pay a fine of Kshs. 8,496,000/- in default to serve 6 years’ imprisonment.

Count VI; Isaac Oouso Nyandege sentenced for the offence of Unlawful acquisition of public property to pay a fine of Kshs. 7,000,000/- in default to serve 5 years’ imprisonment.

Count VIII; Bob Kephas Otieno, Caroline Sang, and Maurice Odwuor Amek each sentenced for the offence of abuse of office to pay a fine of Kshs. 300,000/- in default to serve 3 years’ imprisonment.

Count IX; Bob Kephas Otieno, Caroline Sang, and Maurice Odwuor Amek each sentenced for the offence of abuse of office to pay a fine of Kshs. 300,000/- in default to serve 3 years’ imprisonment.

Count X; Bob Kephas Otieno, Caroline Sang, and Maurice Odwuor Amek each sentenced for the offence of abuse of office to pay a fine of Kshs. 300,000/- in default to serve 3 years’ imprisonment.

Count XI; Bob Kephas Otieno, Caroline Chepkemoi Sang and Maurice Odwuor Amek each sentenced for the offence of Fraudulent payment from Public revenues for services not rendered to pay a fine of Kshs. 300,000/- in default to serve 3 years’ imprisonment

Judith Akinyi Omogi and Edwin Omondi Okello were acquitted for lack of sufficient evidence to proof charges against them.

Further orders are that;

• The custodial sentences against each of the accused person are to run concurrently

• Christopher Bob Otieno, Caroline Sang, Maurice Odwuor Amek and Michael Owino Ooro are disqualified from being elected or appointed to any public office for a period of 10 years from the date of this conviction

In Summary

1. Christopher Bob Otieno sentenced to Pay a total fine of Kshs. 10,300,000/- in default serve 6 years’ imprisonment
2. Caroline Sang sentenced to Pay a total fine of Kshs. 14,924,278 in default serve 6 years’ imprisonment
3. Maurice Odwuor Amek sentenced to Pay a total fine of Kshs. 14,924,278 in default serve 6 years’ imprisonment
4. Michael Owino Ooro sentenced to Pay a total fine of Kshs. 8,996,000/- In default serve 6 years’ imprisonment
5. Isaac Ouso Nyandenge sentenced to Pay a total fine of Kshs. 7,000,000/- in default serve 5 years’ imprisonment

N/B

• Total fine imposed and required of all the accused persons is Kshs. 56,000,000/-.
• A civil recovery suit to recover the money lost, Kshs. 27 million is pending in court.