The High Court Anti-Corruption and Economic Crimes Division has dismissed a suit filed by the Ethics and Anti-Corruption Commission, EACC, seeking recovery of ksh 24,999,600 over an alleged fraudulent food supply tender in Turkana County, handing a major victory to the respondents in the long-running corruption case.
Lawyer Jack Bigambo appeared for the respondents during the proceedings.
The case had been filed against Amailo Investment Company Ltd alongside several county officials over claims that payments were made for ECDE school feeding supplies that investigators alleged were never delivered.
However, in its judgment, the court found that the anti-graft agency failed to sufficiently prove its claims against the respondents.
The court heard extensive testimony from investigators, engineers, transporters, county officials and suppliers regarding the delivery of thousands of bags of corn soya blend, commonly referred to as Unimix, meant for schools in Turkana County.
During the proceedings, EACC investigators raised questions over delivery records, vehicle registration details and transportation capacities, arguing that some vehicles allegedly used to transport the food could not have carried the stated loads.
Some transporters also denied involvement in the deliveries, while investigators pointed to inconsistencies in documentation relating to weights, delivery notes and transport logs.
Despite the allegations, the respondents maintained throughout the trial that the food was properly supplied, inspected and received by county officials before payments were processed.
Defence witnesses told the court that the ECDE feeding programme was operational and that the deliveries were verified by inspection and acceptance committees on the ground.
The court further heard explanations that some inconsistencies identified in documents may have resulted from clerical or administrative errors rather than fraud.
In the end, the court declined to grant the recovery orders sought by the EACC, effectively clearing the respondents in the Ksh 24.9 million dispute.
