BY SAM ALFAN.
Two employers of Ethics and Anti-Corruption Commission have escaped ten years in jail after a judge acquitted them of charges of abuse of office.
Justice Mumbi Ngugi acquitted the commission legal officer Anthony Juma Opondo and operation assistant Paul Martin Sao.
“I find that this appeal has merit. The conviction of the appellant Anthony Juma Opondo and Paul Martin Sao is hereby quashed and sentences set aside,” ordered the judge.
The Judge further ordered that Sh1 million fine paid by Opondo, be refunded.
The two had been sentenced to serve 10 years in prison each or pay a fine an alternative fine of Sh1 million.
The Judge agreed with the two saying they were correct when they submitted that bringing the EACC to disrepute and flouting internal processes does not amount to offence of abuse of office as contemplated under ACECA.
However, in her decision the judge noted that the two flouted all internal processes regarding investigations, doubtless with intent to confer a benefit to themselves and such conduct most certainly brought some degree of disrepute to EACC.
“What is one to make of the integrity of the anti-graft fight if those charged with waging engage in corruption themselves?” Judge asked.
They challenged the trial court decision to convict them by relying on” internal procedural breach” as opposed to the specific breach of the law hence arriving at a wrong decision.
They wanted the court to quash their conviction on count three and four and set aside the sentence and direct fine paid by Opondo be refunded to him.
They also argued the magistrate erred in law and in fact in convicting them when crucial ingredients of the offence of “abuse of office” were never established and prosecution did not discharge their duty to prove the case beyond reasonable standard requirements.
“The magistrate erred in law and in fact in convicting the appellants in court three and four for offence of abuse of office when there is no sufficient evidence to prove the charge” argued the two.
They told the judge that the trial erred and misdirected herself and relied on facts not adduced in evidence and thus arrived at a wrong decision. They further added that despite the magistrate holding that the two never used their offices to confer any benefit on themselves, she erred in failing to appreciate that conferment of benefit is the main ingredient of the charge of abuse of office as stipulated in law.
“Trial court erred in law and fact by sentencing us to suffer maximum sentence yet we were first time offenders and never breached section 46 of ACECA to warrant such harsh punishment” the two argued.
The two were accused that on April 27,2017 at Uganda house in Nairobi City County being persons employed by the EACC as legal officer II and Operations assistant II respectively, they requested for a financial advantage amounting to SH15 million from Dennis Mumbo of Mwananchi Credit Limited through his lawyer Albert Kuloba with intent that in consequence, they would compromise a purported tax evasion investigation involving the said Mwananchi credit limited.
They were also charged with conspiracy to commit corruption offence, and abuse of office and pleaded not guilty to the charges.
